NY 864836: The tariff classification of HOLLANDAMMER "50+ FULL CREAMCHEESE" from the Netherlands.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                          
                                   NY 864836

                                   August 26, 1991


CLA-2-04:S:N:N1:229-864836  

CATEGORY:  Classification

TARIFF NO.: 0406.90.1500 (9904.10.36)  

Mr. Luis Teijeiro
Dutch Cheese Company
1090 N.W. 23rd Street
Miami, FL  33127 

RE:  The tariff classification of HOLLANDAMMER "50+ FULL CREAM
CHEESE" from the Netherlands.

Dear Mr. Teijeiro:

     In your letter dated July 1, 1991, you requested a tariff
classification ruling.         

     The products in question, designated HOLLANDAMMER cheese,
are described as full cream cheeses with a minimum butterfat
content of 50 percent.  Samples from two Dutch producers
consisted of red-waxed, cylindrical wheels of about 10 pounds
each, approximately 9.5 inches (24.5 centimeters) in diameter,
and about 3.5 inches (9 centimeters) in height at the center of
the wheel.  The interior of the cheese is yellow in color and
contains some scattered, shiny eye formation.  The texture is
smooth, with a somewhat soft body.  A Laboratory Analysis
indicated that, in one sample, the moisture content, by weight,
was 39.7 percent and the solids content 60.3 percent.  The
butterfat content was found to be 31.0 percent (51.4 percent on a
dry basis), the salt content at 2.7 percent, and the pH at 5.9. 
The second sample was found to contain 40.9 percent, by weight,
of moisture and 39.1 percent solids.  The butterfat content was
reported at 31.3 percent (53.1 percent on a dry basis), the salt
content at 2.6 percent, and the pH at 6.1.  

     The applicable subheading for HOLLANDAMMER  "50+ FULL CREAM
CHEESE" will be 0406.90.1500, Harmonized Tariff Schedule of the
United States (HTS), which provides for  Cheese and curd:...Other
cheese:...Edam and Gouda cheeses.  The rate of duty will be 15
percent ad valorem.   

     Articles classifiable in HTS subheading 0406.90.1500 are
subject to quota quantity restrictions listed in subchapter IV of
Chapter 99 in HTS subheading 9904.10.36, which limits the amount
of such cheese which may be imported from the European Economic
Community to an annual quota quantity of 4,011,000 kilograms. 
Additionally, an import license, issued to the importer by the
United States Department of Agriculture, will be required at the
time such merchandise is entered for consumption into the United
States.

     This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.



                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport