The tariff classification of four CHEESES from Nicaragua.

NY 884878 June 09, 1993 CLA-2-04:S:N:N7:229-884878 CATEGORY: Classification TARIFF NO.: 0406.90.8060 (9904.10.54) Mr. Ernesto Santana 2425 S.W. 8th Street Miami, FL 33135 RE: The tariff classification of four CHEESES from Nicaragua. Dear Mr. Santana: In your letter dated April 12, 1993, you requested a tariff classification ruling. The cheeses in question, all made from cow's milk, are designated as Queso Blanco, Quesillo, Queso Crema and Queso Crema Ahumado. Queso Blanco is a white, hard cheese with a crumbly texture and a salty taste. The cheese curds are not closely knit and the interior of the sample contains many small, round mechanical openings. Laboratory analysis indicates that this cheese contains, by weight, 48.3 percent moisture, 18.7 percent fat (36.1 percent fat on a dry basis), 23.3. percent protein and 5.3 percent salt, with a pH of 6.4. Quesillo is a soft, cream-colored cheese with a pliable texture and a mildly sour taste. A sample cheese contained moderately large, irregular mechanical openings. Laboratory analysis indicates that this cheese contains, by weight, 47.3 percent moisture, 28.7 percent fat (54.4 percent fat on a dry basis), 18.7 percent protein and 1.3 percent salt, with a pH of 6.6. Queso Crema is a soft, cream-colored cheese with a pliable texture and a sour taste. A sample cheese contained moderately large, irregular mechanical openings. Laboratory analysis indicates that this cheese contains, by weight, 49.1 percent moisture, 30.5 percent fat (59.9 percent on a dry basis), 19.9 percent protein and 1.1 percent salt, with a pH of 6.0. Queso Crema Ahumado is a semi-hard, tan colored cheese with a somewhat plastic texture and a smoky, sour taste. A sample cheese contained scattered flattened mechanical openings. Laboratory analysis indicates that this cheese contains, by weight, 42.4 percent moisture, 31.0 percent fat (53.9 percent on a dry basis), 23.2 percent protein and 1.2 percent salt, with a pH of 6.1. The applicable subheading for QUESO BLANCO, QUESILLO, QUESO CREMA and QUESO CREMA AHUMADO will be 0406.90.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for Other cheese:...Other, including mixtures of the above:...Other...Other:...Other: ...Containing cow's milk (except soft-ripened cow's milk cheese). The rate of duty will be 10 percent ad valorem. Articles classifiable in HTS subheading 0406.90.8060 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.54, which limits the amount of such cheese which may be imported from Other countries (including Nicaragua) to an annual quota quantity of 201,635 kilograms. Additionally, an import license, issued to the importer by the United States Department of Agriculture, will be required at the time such merchandise is entered for consumption into the United States. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport