The tariff classification of goat’s milk cheese and mixed goat’s/sheep’s milk cheese from Spain.

N106838 June 15, 2010 CLA-2-04:OT:RR:NC:2:231 CATEGORY: Classification TARIFF NO.: 0406.90.9900 Ms. Mary Beth Merari Toledo Gourmet 722 Blvd. East #2 Weehawken, NJ 07086 RE: The tariff classification of goat’s milk cheese and mixed goat’s/sheep’s milk cheese from Spain. Dear Ms. Merari: In your letter dated May 17, 2010, you requested a tariff classification ruling on four kinds of cheese. You submitted printed product data, and you also provided additional information via telephone and email. Item 60008 is identified as “Retama Brand Goat’s Milk Cheese, Plain.” It is said to be an off-white, natural-rind cheese, aged three to six months, supplied in 3-kilo wheels. The ingredients are: pasteurized goat’s milk, salt, milk ferments, rennet, calcium chloride and lysozyme. The cheese is said to have a moisture content of 36-40 percent and a fat content of 34-37 percent. Item 60007 is identified as “Retama Brand Goat’s Milk Cheese Rubbed with Paprika.” This is the same as item 60008 described above, except that during the finishing process, a coating of paprika has been rubbed onto the exterior. Item 60005 is identified as “Retama Goat’s Milk Cheese Coated with Rosemary.” This is the same as item 60008 described above, except that during the finishing process, the cheese has been rolled in or dredged with crushed rosemary to provide an exterior coating of that substance. Item 60006 is identified as “Retama Brand Sheep & Goat’s Milk Cheese.” It is said to be an off-white, natural-rind cheese, aged three to six months, supplied in 3-kilo wheels. The ingredients are: pasteurized goat’s (50%) and sheep’s (50%) milk, salt, milk ferments, rennet, calcium chloride, egg lysozyme and preserving agent. Moisture and fat contents were not stated but are assumed to be similar to those given for item 60008. The applicable subheading for all of the above cheeses will be 0406.90.9900, 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: other, including mixtures of the above (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63): other: other: other. The rate of duty will be 8.5 percent ad valorem. 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