The tariff classification of Grana Padano cheese spread from Italy

N163199 July 13, 2011 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.8200 Mr. Scott Jacobs Atalanta Corporation Atalanta Plaza Elizabeth, NJ 07206 RE: The tariff classification of Grana Padano cheese spread from Italy Dear Mr. Jacobs: In your letter dated March 8, 2011, you requested a tariff classification ruling. A sample and an ingredients breakdown accompanied your letter. Additional information was received on April 29, 2011. The sample was forwarded to the U.S. Customs and Border Protection laboratory for analysis. “Formaggi d’Italia al Grana Padano” cheese spread is an off-white paste, composed of 53 percent Grana Padano cheese, 30 percent water, 12 percent oil, 5 percent whey proteins, packed for retail sale in a plastic container. Laboratory analysis determined that the total milk solids content is 67.1 percent. The applicable subheading for the cheese spread will be 2106.90.8200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other… containing over 10 percent by weight of milk solids…other…other. The duty rate will be 6.4 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/. 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 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 Stanley Hopard at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division