109 STAT. 1060 PROCLAMATION 6763—DEC. 23, 1994 Annex (con.) -11- Section A. (conti nued) (13). The additional U.S. notes to chapter 4 are modified by deleting additional U.S. notes 1, 2, 3 and 4 and by inserting the following additional U.S. notes in lieu thereof: "1. For thepurposes of this schedule, the term "dairy products described in additional U.S. note 1to chapter 4" neans any of the following goods: malted milk, and articles of milk or cream (except (a) Mhite chocolate and (b) inedible dried milk powders certified to be used for calibrating infrared mitk analyzers); articles containing over S.S percent by weight of butterfat which are suitable for use as ingredients in the conaicrcial production of edible articles; or, dried milk, whey and buttermilk (of the type provided for in subheadings 0402.10, 0402.21, 0403.90 or 0404.10) which contains not over 5.5 percent by weight of butt erfat an d which is mix ed with other i ngredi ents, including b ut not limited to sugar, if such mixtures contain over 16 percent milk solids by weight, are capable of being further processed or mixed with similar or other ingredients and are not prepared for marketing to the ultimate consuaer in the identical form and package in which imported. 2. For the purposes of this schedule, the term "EC 12" means the product of Belgiimi, Denmark, France, the Federal Republic of Gernany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, or the United Ki ngdo m. 3. For the purposes of this chapter, the term "soft ripened cow's milk cheese" means cheese which: (a) Nas a prominent crust formed on the exterior surface as a result of curing or ripening by biological curing agents such as molds, yeasts or other microorganisms; (b) Visibly cures or ripens from the surface toward the center; (c> Has a fat content by weight (ona moisture-free basis) of not less than 50 percent; and (d) Has a moisture content (calculated by weight of the non-fatty matter) of not less than 65 pe rcent, b ut do es not in clude ch eese with mold dist ribut ed thro ughout it s interior. 4. For th e purposes of this chapter, unle ss t he context ot herw ise r equire s-- (a) the term "capable of being processed or mixed with similar or other ingredients" means that the imported product is in such c onditio n or co ntaine r a s to be subject to any addi tiona l prep arat ion, tre atment o r m anuf actu re or b e blen ded o r confi ned with any additio nal in gredient, including wat er or any other liquid, other than proc essin g or mi xing with other i ngredie nts performed by the ultimate consumer prior to consimption of the proKt; (b) the term "prepared for marketing to the ultimate constjaer in the identical form and package in which inported" means that the product is imported in packaging of such sizes and labelling as to be readily identifiable as being intended for retail sale to the ultimate consumer without any alteration in the form of the product or its packaging; and (c) the term "ultimate consJrler" does not include institutions such as hospitals, prisons and military establishments or food service establishments such as restaurants, hotels, bars or bakeries. 5. The aggregate quantity of milk and cream, fluid or frozen, fresh or sour, containing over 6 percent but not over 45 percent by weight of butterfat, the foregoing goods entered irmler subheadings 0401.30.05 and 0403.90.04 in any calendar year shall not exceed 5,727,940 titers (imports from Mexico shall not be permitted o r included under the afo remen tioned q uanti tati ve limita tion an d n o such articles shall be c lass ifi able the rein). Of the quantitative limitations provided for in this note. New Zealand shall have access to a quantity of not less than 5,678,117 liters. 6. The aggregate quantity of butter, and fresh or sour cream containing over 45 percent by weight of butterfat, the foregoing goods entered under subheadings 0401.30.50, 0403.90.74 and 0405.00.20 in any calendar year shall not exceed 3,977,000 kilograms (imports from Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable t here in). loports under these provisions require import licenses, 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 msy provide for tht reallocation among supplying countries or areas o f unfi lled quantities, sub ject to USTR ap prov al.
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