The tariff classification of cheese from Colombia.

N263086 April 23, 2015 CLA-2-04:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 0406.10.8400; 0406.10.8800 Ms. Daniela Pino Colusa Import and Export Corporation 538 Woodgate Cir. Sunrise, FL 33326 RE: The tariff classification of cheese from Colombia. Dear Ms. Pino: In your letter dated March 23, 2015, you requested a tariff classification ruling. The product in question, “Queso Costeño,” is described as a fresh (unripened), creamy white and salty cheese to be imported in 12- to 12½-kilo blocks for use by bakeries as an ingredient in specialty breads and the like. The cheese is made of pasteurized milk, calcium chloride, rennet and salt. In the manufacturing process, the milk/calcium chloride/rennet mixture is allowed to coagulate. The curd is then cut, partially drained, and washed with water. After the remaining whey is fully removed, the curd is cut into small cubes, which are then brined for one hour, then molded, pressed and vacuum packed. The finished cheese is said to have a moisture content of approximately 41% and a fat content of approximately 26% (45% on a dry basis). The applicable subheading for the “Queso Costeño,” 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% 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 “Queso Costeño,” 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 general 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 the email address nathan.rosenstein@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division