October 18, 2019, Update on “The United States is set to impose new tariffs on goods imported from certain countries of the European Union: the WTO DS316 Decision.” Cheese imported from Italy.


lcmm@melchionnalaw.com
October 18, 2019, Update on “The United...

October 18, 2019, Update on “The United States is set to impose new tariffs on goods imported from certain countries of the European Union: the WTO DS316 Decision.” Cheese imported from Italy.

On October 18, 2019, the additional tariff on goods imported from Italy will enter into effect.

On October 09, 2019 The Office of U.S. Trade Representative published the “Notice of Determination and Action Pursuant to Section 301: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute” on the Federal Register (Docket No. USTR–2019–0003, Vol.84 No.196, available at https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Determination_and_Action_Pursuant_to_Section_301-Large_Civil_Aircraft_Dispute.pdf ), which listed certain cheeses coming from Italy that will be affected by an additional ad valorem duty of 25%.

The cheeses subject to the new 25% duties are: cheese made with cow’s milk with at least 0.5% of butterfat; Pecorino Cheese(made with sheep’s milk); Romano; Reggiano; Parmesan; Provolone; and fresh Italian-type cheese (make of cow’s milk) grated, powdered or mixed. 

Attached to this newsletter is a table that reflects the Harmonized Tariff Schedule (HTS) classification and definition of the affected cheese products coming from Italy.

Type Cheese affected by Additional Tariff (HTS Sub.)   Type Cheese affected by Additional Tariff (product description) Type Cheese’s Definition By Harmonized Tariff Schedule (Chapter 4)   Duties Due
  0406.90.95   Cheeses & subst. for cheese (incl. mixt.), nesoi, w/cow’s milk, or w/butterfat less than 0.5% by wt., subject to Ch 4 US note 16 (quota) Any cheese and substitute for cheese containing cow’s milk (except cottage cheese) and/or 0.5% or less by weight of butterfat. Except: soft ripened cow’s milk cheese; cheddar cheese; Italian-type cheeses made from cow’s milk; Swiss or Emmentaler cheese without eye formation; Stilton cheese; Swiss and Emmentaler cheese with eye formation           10% / kg + 25% / valorem ($)
  0406.90.57   Pecorino cheese, from sheep’s milk, in original loaves, not suitable for grating Similar   Free / kg + 25 % / valorem ($)  
  (0406.30.85) Processed cheese (incl. mixtures), nesoi, n/o 0.5% by wt. butterfat, not grated or powdered, subject to Ch4 US note 23, not GN15   Any processed cheese (including mixtures), not grated or powdered,containing 0.5% or less by weight of butterfat. Except: cheese not containing cow’s milk; blue-mold cheese; American type cheese; Edam and Gouda cheeses; Italian-type cheeses, made from cow’s milk; Swiss or Emmentaler cheese without eye formation; Stilton cheese; Swiss and Emmentaler cheese with eye formation; and margarine cheese             10% / kg + 25% / valorem ($)  
0406.90.41 Romano, Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, from cow’s milk, subject to add. US note 21 to Ch.4   Italian-type cheeses, made from cow’s milk, in original loaves (Romano made from cow’s milk, Reggiano, Parmesan, Provolone, Provoletti and Sbrinz); Italian-type cheeses made from cow’s milk, not in original loaves (Romano made from cow’s milk, Reggiano, Parmesan, Provolone, Provoletti, Sbrinz and Goya); and cheese and substitutes for cheese containing, or processed from, such Italian-type cheeses, whether or not in original loaves                 15% / kg + 25% / valorem ($)
0406.90.42 Romano, Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, from cow’s milk, not subj to GN 15 or Ch4 US note 21 Other*   *meaning any Romano, Reggiano, Parmesan, Provolone, and Provoletti cheese made from cow’s milk   $2.146 / kg + 25% / valorem ($)  
0406.90.97 Cheeses & subst. for cheese (incl. mixt.), nesoi, w/cow’s milk, w/butterfat o/0.5% by wt, not subject to Ch4 US note 16, not GN15 Other*   *meaning any cheese (including mixtures) containing cow’s milk and/or 0.5% or less by weight of butterfat   $1.509 / kg + 25% / valorem ($)  
0406.10.54 Fresh (unripened/uncured) Italian-type cheeses from cow milk, cheese/substitutes cont or proc therefrom, subj to Ch4 US note 21, not GN15 Any fresh Italian-type cheese and substitutes, made from cow’s milk, in original loaves (Romano made from cow’s milk, Reggiano, Parmesan, Provolone, Provoletti and Sbrinz); Italian-type cheeses, made from cow’s milk, not in original loaves (Romano made from cow’s milk, Reggiano, Parmesan, Provolone, Provoletti, Sbrinz and Goya); and cheese and substitutes for cheese containing, or processed from, such Italian-type cheeses         10% / kg + 25% / valorem ($)
0406.10.58 Fresh (unripe. /uncured) Italian-type cheeses from cow milk, cheese/substitutes containing or processed therefrom, not subj to Ch4 US note 21 or GN15 Other*   *meaning any fresh Italian-type cheeses made from cow’s milk, or cheese/substitutes containing or processed therefrom   $2.146 / kg + 25% / valorem ($)
0406.20.51 Romano, Reggiano, Provolone, Provoletti, Sbrinz And Goya, made from cow’s milk, grated or powdered, subject to add US note 21 to Ch.4 Any grated or powdered Italian-type cheese, made from cow’s milk, in original loaves (Romano made from cow’s milk, Reggiano, Parmesan, Provolone, Provoletti and Sbrinz); Italian-type cheeses made from cow’s milk, not in original loaves (Romano made from cow’s milk, Reggiano, Parmesan, Provolone, Provoletti, Sbrinz and Goya); and cheese and substitutes for cheese containing, or processed from, such Italian-type cheeses             15% / kg + 25% / valorem ($)
0406.20.53 Romano, Reggiano, Provolone, Provoletti, Sbrinz and Goya, made from cow’s milk, grated or powdered, not subj to Ch4 US note 21 or GN15 Other*   *meaning any Romano, Reggiano, Provolone, Provoletti, Sbrinz and Goya, made from cow’s milk, grated or powdered   $2.146 / kg + 25% / valorem ($)  
0406.20.77 Cheese containing or processed from Italian-type cheeses made from cow’s milk, grated or powdered, subject to add US note 21 to Ch. 4 Any cheese containing or processed from Italian-type cheeses, grated or poweredand made from cow’s milk, in original loaves (Romano made from cow’s milk, Reggiano, Parmesan, Provolone, Provoletti and Sbrinz); Italian-type cheeses, made from cow’s milk, not in original loaves (Romano made from cow’s milk, Reggiano, Parmesan, Provolone, Provoletti, Sbrinz and Goya); and cheese and substitutes for cheese containing, or processed from, such Italian-type cheeses     10% / kg + 25% / valorem ($)
0406.20.79 Cheese containing or processed from Italian-type cheeses made from cow’s milk, grated or powdered, not subject to add US note 21 to Ch. 4 Other*   *meaning any Cheese containing or processed from Italian-type cheeses made from cow’s milk, grated or powdered   $2.146 / kg + 25% / valorem ($)  
0406.20.87 Cheese (including mixtures), nesoi, n/o 0.5% by wt. of butterfat, grated or powdered, not subject to add US note 23 to Ch. 4   Other*   *meaning any Cheese (included mixture) grated powdered, containing 0.5% or less by weight of butterfat   $1.128 / kg + 25% / valorem ($)  
0406.20.91 Cheese (including mixtures), nesoi, o/0.5% by wt of butterfat, w/cow’s milk, grated or powdered, not subject to add US note 16 to Ch. 4 Other*   *meaning any cheese (including mixtures), grated or powdered, containing cow’s milk and/or containing 0.5% or less by weight of butterfat   $1.509 / kg + 25% / valorem
0406.30.55 Processed cheeses made from sheep’s milk, including mixtures of such cheeses, not grated or powdered   Similar 9.6% / kg + 25% / valorem
0406.30.79 Processed cheese containing or processed from Italian-type, not grated/powdered, not subject to add US note 21 to Ch. 4, not GN15 Other*   *meaning any processed cheese not grated/powdered containing or processed from Italian-type cheeses   $2.146 / kg + 25% / valorem
0406.90.43 Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, not from cow’s milk, not subject to gen. note 15 Other *   *meaning any other Reggiano, Parmesan, Provolone, and Provoletti cheese, not from cow’s milk   9.6% / kg + 25% / valorem
0406.90.68 Cheeses & subst. for cheese (incl. mixt.), nesoi, w/Romano/Reggiano/Parmesan/Provolone/etc, f/cow milk, not subj. Ch4 US note 21, not GN15   Other*   *meaning any Italian-type cheeses (including mixtures), made from cow’s milk   $2.146 / kg + 25% / valorem
0406.90.94 Cheeses & subst. for cheese (incl. mixt.), nesoi, w/butterfat n/o 0.5% by wt, not subject to add. US note 23 to Ch. 4, not GN15 Other*   *meaning any cheese (including mixtures) and substitutes for cheese, containing 0.5%or less by weight of butterfat     $1.128 / kg + 25% / valorem

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