The tariff classification of processed CHEESES from Germany.

NY 891705 October 27, 1993 CLA-2-04:S:N:N7:229-891705 CATEGORY: Classification TARIFF NO.: 0406.30.6010 (9904.10.27); 0406.30.6030 (9904.10.39) Mr. Herbert D. Moyer Euro American Trading-Merchants Eat-M International 37 Centennial Street Collegeville, PA 19426-1847 RE: The tariff classification of processed CHEESES from Germany. Dear Mr. Moyer: In your letter dated September 9, 1993, you requested a tariff classification ruling. The products in question are processed CHEESES in various flavors, which have been designated Allerlei, Champignon, Doppelrahm, Edelpilz, K„secreme "superior," K„secreme "exquisito" and K„secreme "picnic", K„seleberpastete "extra", Salami, Schinken and Tomate. Allerlei, which is flavored with vegetables, is processed from Chester (Cheddar), Edamer, Gouda, Tilsiter, Feta and Camembert, and contains 45 percent by weight of fat in the dry matter. Champignon (mushroom), Salami (salami), Schinken (ham) and Tomate (tomato) contain the same basic cheese ingredients as Allerlei but with other flavoring ingredients, as indicated. Doppelrahm, a richer "plain" cheese, contains the same cheese ingredients as Allerlei but, with Champignon, has a higher fat content (60 percent in the dry matter). Edelpilz, which also contains 60 percent by weight of fat in the dry matter, is made from Blue cheese (50 percent), with Chester (Cheddar), Edamer, Gouda, Tilsiter, Feta and Camembert. Allerlei, Champignon, Doppelrahm, Edelpilz, Salami, Schinken and Tomate processed cheeses will be imported packaged for retail, under the "Kyffh„user" brand, in the form of foil-wrapped wedges of 25 grams (0.89 ounce) each, packed eight wedges per circular tray of 200 grams (about 7.1 ounces). Alternatively, these cheeses will be put up in the form of small blocks, with a Sangerh„usen GmbH label, weighing 100 grams (about 3.6 ounces) each, packed eight blocks per paperboard retail box of 800 grams, net. These retail trays and boxes will be packed in export cartons of either 2.4 or 4.8 kilograms each. K„seleberpastete and K„secreme are processed flavored cheese spreads with 70 percent fat by weight in the dry matter, packaged in tubes of 80 grams each, net. K„seleberpastete "extra," a liver flavored spread, is processed from Chester (Cheddar), Edamer, Gouda and Tilsiter. K„secreme has the same fat content and the same natural cheese ingredients as K„seleberpastete, and is similarly packaged. K„secreme "superior" is flavored with chilies. K„secreme "exquisito" is flavored with spice. K„secreme "picnic" is flavored with herbs. K„seleberpastete and K„secreme will be packed 32 tubes per carton. The applicable subheading for Allerlei, Champignon, Doppelrahm, Salami, Schinken and Tomate processed CHEESES, in wedges and small blocks, will be 0406.30.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for Processed (process) cheese, not grated or powdered:...Other, including mixtures of the above:...Other:...Containing, or processed from, Edam and Gouda cheeses. The rate of duty will be 10 percent ad valorem. Articles classifiable in HTS subheading 0406.30.6030 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.39, which limits the amount of such cheese which may be imported from the European Economic Community to an annual quota quantity of 1,237,000 kilograms. The applicable subheading for Edelpilz processed CHEESE, in wedges or small blocks, will be 0406.30.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for Processed (process) cheese, not grated or powdered:...Other, including mixtures of the above:...Other:...Containing, or processed from, blue-veined cheese (except Stilton produced in the United Kingdom and Roquefort). The rate of duty will be 10 percent ad valorem. Articles classifiable in HTS subheading 0406.30.6010 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.27, which limits the amount of such cheese which may be imported from the European Economic Community to an annual quota quantity of 2,479,000 kilograms. The applicable subheading for K„seleberpastete "extra" and K„secreme "superior," K„secreme "exquisito" and K„secreme "picnic," in tubes, will be 0406.30.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for Processed (process) cheese, not grated or powdered:...Other, including mixtures of the above:...Other...Containing or processed from Edam or Gouda. The rate of duty will be 10 percent ad valorem. Articles classifiable in HTS subheading 0406.30.6030 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.39, which limits the amount of such cheese which may be imported from the European Economic Community to an annual quota quantity of 1,237,000 kilograms. In addition to the quota quantity restrictions listed above, these cheese products are subject to import quota licensing requirements. Accordingly, 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. Questions regarding licensing procedures and applications for license to import cheese subject to quota should be addressed to: U.S. Department of Agriculture Foreign Agricultural Service Import Policies & Trade Analysis Division Att.: Dairy Import Group, Rm 5531, So. Bldg. Washington, D.C. 20250-1000 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