The tariff classification of cream cheese spreads from Finland

N274979 September 22, 2016 CLA-2-04:OT:RR:NC:N4:228 CATEGORY: Classification TARIFF NO.: 0406.10.9500 Ms. Chaya Spilman All-Ways Forwarding Int’l Inc. 701 Newark Avenue Elizabeth, NJ 07208 RE: The tariff classification of cream cheese spreads from Finland Dear Ms. Spilman: In your letter dated February 1, 2016, you requested a tariff classification ruling on behalf of your client, Finlandia Cheese Inc. Ingredient breakdowns and copies of the intended labels were submitted along with your request. The three products under review are cream cheese spreads from the brand name Finlandia. “Finlandia Cream Cheese Spread Horseradish” is composed of pasteurized skim milk and cream, horseradish, water, salt, carrageenan and locust bean gum, canola oil, sugar, vinegar, horseradish extract, citric acid, lemon juice concentrate, modified corn starch, sodium metabisulfite, cultures and lactase enzyme. The total milk fat content is 21.64 percent and the total milk solids content is 31.16 percent. “Finlandia Cream Cheese Spread Sweet Pepper” is composed of pasteurized skim milk and cream, green and red bell pepper, water, cherry bell pepper, salt, carrageenan and locust bean gum, canola oil, chili pepper, spirit vinegar, chives, sugar, garlic, modified corn starch, citric acid, guar gum, potassium sorbate, spices, potato starch, paprika oleoresin, cultures and lactase enzyme. The total milk fat content is 22.14 percent and the total milk solids content is 31.88 percent. “Finlandia Cream Cheese Spread Garlic” is composed of pasteurized skim milk and cream, garlic, water, salt, carrageenan and locust bean gum, garlic granulate, black garlic powder, natural garlic flavoring with other natural flavor, corn starch, lemon juice, cultures, and lactase enzyme. The total milk fat content is 22,14 percent and the total milk solids content is 31.88 percent. Each of the products will be packed in individual 7 ounce plastic tub containers with lids. The products will be sold to retail stores. The applicable subheading for all three varieties of Finlandia Cream Cheese Spreads will be 0406.10.9500, 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. The general rate of duty will be 8.5 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 https://hts.usitc.gov/current. 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 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 Bruce N. Hadley, Jr. at bruce.hadleyjr@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division