Provisional Translation

OTO No. 437 Classification MOF-73
Date of Acceptance December 25, 1990 Ministry/Agency Receiving Complaint Economic Planning Agency
Responsible Ministries Ministry of Finance Related Laws Customs Law
Complainant Delegation of the Commission of the European Community (proxy complaint) Exporting Countries EC
Subject Review of the customs classification for cheese foods and fondue cheese.
Details of Measures It was explained that Japan, along with the European Community countries, is one of 60 countries party to the International Convention on the Harmonized Commodity Description and Coding System (commonly referred to as the HS Convention) and that Japanese customs classifications are determined in accordance with the customs tariff schedules (the HS schedule) attached to the Convention.
Cheese foods are classified in heading 0406 of the HS schedule in accordance with the explanatory note to the HS. On the decision on whether or not this product is such as processed the characteristics distinctive to cheese, this is determined in accordance with the 1978 cheese food standards set by the United Nations Food and Agriculture Organization (FAO) and the World Health Organization (WHO), which standards were also used as reference in drafting the HS schedule, and cheese is classified in heading 0406. It may thus be said that the Japanese customs classification for cheeses and cheeses foods is fully consistent with international standards.
It was replied that it is impossible to make any specific determination on the cheese food customs classification in question in the absence of a specific product name and specific data on the product.
The same may be said of the customs classification for fondue cheese.
The opportunity was also taken to explain that, of heading 0406 cheese products, processed cheese had been subject to import quotas but has been liberalized as of April 1990.
Classification of Processing Ca Directions I-a
Remarks

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