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Sept. 26 CBP Bulletin Proposes to Revoke Rulings on Greek Yogurt Dips, Sheep's Milk Cheeses

In the Sept. 26 Customs Bulletin (Vol. 52, No. 39), CBP published notices that propose to revoke rulings and similar treatment for greek yogurt dips and sheep's milk cheeses.

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Comments on Proposals Due Oct. 26

CBP said consideration will be given to any written comments received by Oct. 26 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations subsequent to the effective date of the final decision in this notice.)

Proposals

CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.

Greek Yogurt Dips

Item: Three flavors of Sabra brand greek yogurt dips
Current: 0406.10.8400, 10%, “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.”
Proposed: 2103.90.90, 6.4%, “Sauces and preparations therefore; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: Other: Other: Other”
Reason: The dips are "similar to products previous found to be classified in heading 2103 and is within the class or kind of goods used as a sauce," CBP said.
Proposed for revocation: NY N283364 (2017)
Proposed new ruling: HQ H285620

Sheep's Milk Cheeses

Item: Brined sheep’s milk cheese
Current: 0406.90.57, Free, "Cheese and curd: other cheese: other cheeses, and substitutes for cheese, including mixtures of the above: cheeses made from sheep’s milk: pecorino, in original loaves, not suitable for grating."
Proposed: 0406.90.59, 9.6%, “Cheese and curd: other cheese: other cheeses, and substitutes
for cheese, including mixtures of the above: cheeses made from sheep’s milk: other.”
Reason: The rulings don't pertain to pecorino cheese and therefore can't be classified as pecorino in subheading 0406.90.57.
Proposed for modification: NY 815281 (1995), NY G85117 (2000), NY J81192 (2003), NY N094196 (2010), NY N099535 (2010)
Proposed for revocation: NY C82288 (1997), NY D81251 (1998), NY D83014 (1998), NY I82452 (2002), NY I83887 (2002), NY J88309 (2003), NY M81478 (2006), NY N089415 (2010), NY N089417 (2010), NY N104824 (2010), and NY N236149 (2012)
Proposed new ruling: HQ H287482