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NY 816964




December 7, 1995

CLA-2-21:RR:NC:FC:228 816964

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000

Mr. J. Frank McCormac
McCormick Canada Inc.
3340 Orlando Drive
Mississauga, Ontario L4V 1C7 Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a snack seasoning from Canada; Article 509

Dear Mr. McCormac:

In your letter dated November 2, 1995 you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

A sample and technical information was submitted with earlier correspondence. Product no. 91410, "Three Cheese Seasoning," is an orange-colored powder composed of whey, salt, dextrose, cheddar cheese solids, parmesan cheese seasoning, monosodium glutamate, tomato powder, buttermilk powder, romano cheese flavor, cheddar cheese flavor, parmesan cheese flavor, garlic powder, citric acid, colors, silicon dioxide, romano cheese seasoning, onion powder, hydrogenated vegetable oil, lactic acid, and spice extractive. The product is prepared by blending all ingredients according to a pre-determined formula, and packing in 50-pound bags. The seasoning will be used as a flavoring ingredient by snack food manufacturers.

The applicable tariff provision for the snack seasoning will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for mixed condiments and mixed seasonings...other...other. The general rate of duty will be 7.3 percent ad valorem.

Each of the non-originating materials used to make the seasoning have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/7. The seasoning will be entitled to a 2.2 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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