The tariff classification of Canned Processed Cheese from Australia

N304886 July 17, 2019 CLA-2-04:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 0406.30.6500; 0406.30.6700 Mr. Michael Glick G & R Foods, Inc. 321 Wengel Drive P.O. Box 610 Reedsburg, WI 53959 RE: The tariff classification of Canned Processed Cheese from Australia Dear Mr. Glick: In your letter dated June 19, 2019, you requested a tariff classification ruling. The subject merchandise is Bega® Canned Processed Cheese composed of cheese (72 percent), water, butter, sodium citrate (an emulsifying agent), salt, sodium phosphate, citric acid and nisin (preservative). You stated during a telephone conversation that the product contains predominantly cheddar cheese by weight (55 percent) and the remaining portion consists of scraps and trims of various unspecified cheeses, for example, Monterey jack. The above stated ingredients are blended, cooked and pumped into cans with a net weight of 200 grams. The Bega® Canned Processed Cheese will be packed 36 per carton and sold to wholesalers. The applicable subheading for Bega® Canned Processed Cheese, if entered under quota, will be 0406.30.6500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Cheese and curd: Processed (process) cheese, not grated or powdered: Other, including mixtures of the above: Other: Containing, or processed from, Cheddar cheese: Described in additional U.S. note 18 to chapter 4 and entered pursuant to its provisions.” The general rate of duty will be 10 percent ad valorem. Imports under subheading 0406.30.6500, 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 If entered outside the quota (i.e., without an import license), the applicable tariff provision for the product will be 0406.30.6700, HTSUS, which provides for “Cheese and curd: Processed (process) cheese, not grated or powdered: Other, including mixtures of the above: Other: Containing, or processed from, Cheddar cheese: Other.” The general rate of duty will be $1.227 per kilogram. In addition, products classified in subheading 0406.30.6700, HTS, may be subject to additional safeguard duties based on value as described in subheadings 9904.05.59-9904.05.73. Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations may be addressed to the following: U.S. Department of Agriculture (USDA) APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Tel: (301) 734-3277 Website: www.aphis.usda.gov 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 the World Wide Web at https://hts.usitc.gov/current. 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 Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division