The tariff classification of Akawie cheese from Canada.

N244577 August 13, 2013 CLA-2-04:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 0406.10.8400; 0406.10.8800 Mr. Alain Marchand Fromagerie Polyethnique 235 St-Robert Road St-Robert, Quebec J0G 1S0 Canada RE: The tariff classification of Akawie cheese from Canada. Dear Mr. Marchand: In your letter dated July 29, 2013, you requested a tariff classification ruling. The product in question is “Akawie,” a soft, unripened white cheese said to have a buttery, sweet-and-salty flavor. The ingredients are cow’s milk, salt, calcium chloride, potassium sorbate, microbial enzyme and bacterial culture. The moisture content is 55%, and the fat content is 21%. The cheese will be offered in the form of small (500- or 250-gram) wheels and half-wheels put up individually in retail packages. The applicable subheading for the Akawie cheese, if entered under quota, will be 0406.10.8400, Harmonized Tariff Schedule of the United States (HTSUS), 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): described in additional U.S. note 16 to chapter 4 and entered pursuant to its provisions. The general rate of duty will be 10 percent ad valorem. Imports under subheading 0406.10.8400, 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 (USDA) Stop 1029 1400 Independence Avenue, SW Washington, DC 20250-1029 Tel: (202) 720-1344 The applicable subheading for the Akawie cheese, if imported outside the quota (i.e., without a USDA cheese-import license), will be 0406.10.8800, HTSUS, 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 rate of duty will be $1.509 per kilogram. 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) 851-3300 Email: AskNCIE.Products@aphis.usda.gov 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, Deborah C. Marinucci Acting Director National Commodity Specialist Division