The tariff classification of FRESCATINO Cheese spread fromFrance.

NY 890589 September 24, 1993 CLA-2-04:S:N:N7:229-890589 CATEGORY: Classification TARIFF NO.: 0406.10.5050 (9904.10.54) Ms. Mickey Adenis Import Manager Bongrain Cheese U.S.A. 400 S. Custer Avenue New Holland, PA 17557 RE: The tariff classification of FRESCATINO Cheese spread from France. Dear Ms. Adenis: In your letter dated September 17, 1993, you requested a tariff classification ruling. The product in question is a soft cheese spread prepared from fresh cheeses in two flavors. FRESCATINO with thyme & basil is said to consist of fresh cow's milk cheese (about 63 percent by weight), fresh goat's milk cheese, Ricotta cheese, salt, basil and thyme. The product label indicates that this spread contains some 19 percent butterfat (about 63 percent fat in the dry matter). FRESCATINO with pepper & garlic contains the same cheese ingredients as the thyme & basil flavor, with a slightly lower fat content of 18 percent (57 percent in the dry matter). FRESCATINO cheese spread is packaged in plastic, hexagonal-shaped cups holding 150 grams each, net, (about 5.36 ounces) and hermetically sealed with aluminum foil. These cups will be packaged on display trays, with two trays to a case of 8 cups. The applicable subheading for FRESCATINO Cheese, with thyme & basil or with pepper & garlic, will be 0406.10.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for Cheese and curd:...Fresh (unripened or uncured) cheese, including whey cheese, and curd:...Other...Provided for in subheading 9904.10.54. The rate of duty will be 10 percent ad valorem. Articles classifiable in HTS subheading 0406.10.5050 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 the European Economic Community to an annual quota quantity of 20,456,000 kilograms (of which 353,000 are reserved for Portugal). 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