The tariff classification and status under the North American Free Trade Agreement (NAFTA) of fresh cheese from Mexico; Article 509

NY A85306 July 11, 1996 CLA-2-04:RR:NC:FC:231 A85306 CATEGORY: Classification TARIFF NO.: 0406.10.8800 Ms. Carmen Puga CEP Customs Broker, Inc. 2801 NW 74th Avenue, Suite 103 Miami, FL 33122 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of fresh cheese from Mexico; Article 509 Dear Ms. Puga: In your letter, dated June 27, 1996, you requested a ruling on the status of fresh cheese from Mexico under the NAFTA, on behalf of your client, Herrera's Tortilla Corp., Miami, FL. The products, fresh cheese, are described thus: 1. Cream cheese. Aguascalientes brand. The ingredients are pasteurized, whole cow's milk, whey, calcium chloride, and salt. The cheese contains 55 percent maximum moisture, 35 percent minimum fat, and 9 percent minimum protein. The net weight is 500 grams. 2. Fresh cheese. Panela brand. The ingredients are pasteurized, whole cow's milk, whey, calcium chloride, and salt. The cheese contains 58 percent maximum humidity, 20 percent minimum fat, and 18 percent minimum protein. The net weight is 500 grams. 3. Asadero cheese. Aguascalientes brand. The ingredients are partially skimmed milk, whey, calcium chloride, and salt. The cheese contains 40 percent maximum moisture, 28 percent minimum protein, and 18 percent minimum fat. The net weight is 500 grams. 4. Fresh cheese. Ranchero Aguascalientes brand. The ingredients are whole milk, whey, calcium chloride, and salt. The cheese contains 50 percent maximum moisture, 20 percent minimum fat, and 18 percent minimum protein. The net weight is 200 grams. 5. Cottage cheese. Aguascalientes brand. Made from pasteurized milk serum. The cheese contains 74 percent moisture, 20 percent protein, and 4 percent fat. The net weight is 220 grams. The applicable subheading for fresh cheese will be 0406.10.8800, 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, other, other, other cheese and substitutes for cheese (except cheese not containing cow's milk, and soft ripened cow's milk cheese), other. The general rate of duty will be US $1.686 per kilogram. The fresh cheese, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. Upon compliance with all applicable laws, regulations, and agreements under NAFTA, articles from Mexico classifiable in subheading 0406.10.8800, HTS, are subject to the quota quantity restrictions listed in 9906.05.07, HTS, which limit the amount of fresh cheese to the quantitative limits specified in U.S. Note 8 to Subchapter VI of Chapter 99. The rate of duty will be free. Alternately, articles valued not over US $2.30 per kilogram are classifiable in subheading 9906.05.08, HTS. The rate of duty will be US $1.123 per kilogram. Otherwise, articles valued over US $2.30 per kilogram are classifiable in subheading 9906.05.09, HTS. The rate of duty will be 48.7 percent ad valorem. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 181). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party. 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 Ralph Conte at (212) 466-5759. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division