The tariff classification of a hard cheese from Italy.

N238471 March 13, 2013 CLA-2-04:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 0406.90.4100; 0406.90.4200 Mr. Scott H. Jacobs Atalanta Corporation Atalanta Plaza Elizabeth, NJ 07206 RE: The tariff classification of a hard cheese from Italy. Dear Mr. Jacobs: In your letter dated January 29, 2013, you requested a tariff classification ruling. A sample of “Gran Maso Mountain Cheese” (also named “Oro del Maso” on an accompanying production flow chart) was submitted for our examination. The cheese exhibits a hard, thick, brownish-gold rind and a straw-colored interior. It is said to be aged 8 to 10 months. The cheese has a hard, dry, crumbly body, a granular texture, and a rich, piquant flavor. The stated ingredients are cow’s milk, salt, rennet and egg white lysozyme. As of this writing, you apparently have been unable to provide us with information as to the fat and moisture content. Based on our research and examination of the sample, it is evident that this product is a Grana / Parmesan-type cheese. The applicable subheading for the “Gran Maso Mountain Cheese,” if entered under quota, will be 0406.90.4100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cheese and curd: other cheese: Romano made from cow’s milk, Reggiano, Parmesan, Provolone and Provoletti cheeses: other: made from cow’s milk: described in additional U.S. note 21 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 15% ad valorem. Imports under subheading 0406.90.4100, HTSUS, require an import license, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval. Questions regarding licensing procedures and applications for licenses to import cheese subject to quota should be addressed to: Import Quota Manager for Dairy Products U.S. Department of Agriculture Stop 1029 1400 Independence Avenue, SW Washington, DC 20250-1029 Tel: (202) 720-1344 The applicable subheading for the “Gran Maso Mountain Cheese,” if entered outside the quota, will be 0406.90.4200, HTSUS, which provides for cheese and curd: other cheese: Romano made from cow’s milk, Reggiano, Parmesan, Provolone and Provoletti cheeses: other: made from cow’s milk: other. The rate of duty will be $2.146 per kilogram. Products classified in subheading 0406.90.4200, HTSUS, are also subject to additional safeguard duties based on their value, as set forth in subheadings 9904.05.95—9904.06.04, HTSUS. 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