The tariff classification of Manchego cheese from Spain.

N089415 January 20, 2010 CLA-2-04:OT:RR:NC:2:231 CATEGORY: Classification TARIFF NO.: 0406.90.5700 Ms. Mary Beth Merari Toledo Gourmet 722 Blvd. East #2 Weehawken, NJ 07086 RE: The tariff classification of Manchego cheese from Spain. Dear Ms. Merari: In your letter dated December 21, 2009, you requested a tariff classification ruling. The item in question is “viejo”/aged Manchego cheese, “Abadia Blanca”® brand, made from pasteurized sheep’s milk. The manufacturer’s item code is 60003. The ingredients are pasteurized sheep’s milk, rennet, salt, cheese cultures, lysozyme and calcium chloride. The cheese is said to have a fat content of 36% and a moisture content of 35%. It will be imported in whole 3-kg wheels having an inedible rind that bears a herringbone design caused by the surface of the press used in the manufacturing process. A photocopy of the label indicates that the cheese is aged for more than 12 months. Literature accompanying your inquiry states that Manchego cheese is produced only from the whole milk of Manchega sheep in the La Mancha region of Spain. The cheese is said to be semi-firm, with a rich golden color and small holes. It ranges from mild to sharp, depending on how long it is aged. The applicable subheading for the #60003 viejo/aged “Abadia Blanca”® Manchego cheese made from pasteurized sheep’s milk will be 0406.90.5700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cheese and curd: other cheese: other cheeses, and substitutes for cheese, including mixtures of the above: cheeses made from sheep’s milk: pecorino, in original loaves, not suitable for grating. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. Importations of cheese are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture (USDA) may be addressed to that agency at the following location: USDA APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Tel: (301) 734-3277 This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Nathan Rosenstein at (646) 733-3030. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division