The tariff classification of “Paglierina” cheese from Italy.

N206055 April 20, 2012 CLA-2-04:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 0406.90.9900 Mr. Scott H. Jacobs Atalanta Corporation Atalanta Plaza Elizabeth, N.J. 07206 RE: The tariff classification of “Paglierina” cheese from Italy. Dear Mr. Jacobs: In your letter dated February 22, 2012, you requested a tariff classification ruling. Samples of “Paglierina” cheese submitted with your inquiry are in the form of small, pancake-shaped wheels or rounds, each weighing approximately 240 grams and measuring about 5" in diameter by 5/8" in thickness. Each wheel is put up for sale in its own individual retail package. The cheese possesses a thin rind having a white-mold surface impressed with lines that form a lattice-like pattern. The off-white/pale-yellow interior is very soft and creamy. The stated ingredients, as set forth on the manufacturer’s information sheet, are pasteurized milk, salt, rennet and selected molds. The ripening period is said to be a minimum of ten days. The indicated total fat content is 25-26% (52-54% of the dry matter), while the moisture content is said to be 50-51%. The submitted samples have been analyzed by the New York Customs and Border Protection Laboratory. A report issued by the lab indicates that the cheese is made from cow’s milk, and that it meets the requirements for “soft ripened cow’s milk cheese,” as set forth in Additional U.S. Note 3 to Chapter 4 of the Harmonized Tariff Schedule of the United States (HTSUS). The applicable subheading for the “Paglierina” cheese will be 0406.90.9900, HTSUS, which provides for cheese and curd: other cheese: other cheeses, and substitutes for cheese, including mixtures of the above: other, including mixtures of the above (excluding goods containing mixtures of subheadings 0406.90.61 or 0406.90.63): other: other: other. The rate of duty will be 8.5% 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/. Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture (USDA) may be addressed to that agency at the following location: USDA APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Tel: (301) 734-3277 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 the 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 Nathan Rosenstein at (646) 733-3030. Sincerely, Thomas J. Russo Director National Commodity Specialist Division