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NY B88945




September 17, 1997

CLA-2-21:RR:NC:2:228 B88945

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

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

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

Dear Mr. McCormac:

In your letter dated August 18, 1997, you requested a ruling on the status of a seasoning from Canada under the NAFTA.

A sample and an ingredients breakdown were submitted with your letter. The sample was examined and disposed of. The PC Poultry Seasoning, product no. 71091, is a light tan powder composed of 30-40 percent salt, 15-20 percent granulated garlic, 10-15 percent glucose solids, 5-10 percent each of dehydrated onion, basil, and black pepper, 1-5 percent each of white pepper, grill flavor, cayenne pepper, and whole thyme, and less than one percent each of whole oregano, savory, caramel color, rosemary, soya bean oil, and calcium silicate. The majority of the ingredients are products of the United States or Canada. The basil is a product of Egypt, the black pepper, white pepper, and cayenne pepper are from India or Indonesia, the thyme is from Spain, the oregano is from Turkey, and the savory and rosemary are from France. In Canada, the ingredients are mixed into a consistent blend, and packaged into 50 pound bags. The product is an ingredient used to make a poultry marinade.

The applicable tariff provision for the PC Poultry Seasoning, product no. 71091, will be 2106.90.9998, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations not elsewhere specified or included...other...other...other. The general rate of duty will be 8.2 percent ad valorem.

Each of the non-originating materials used to make the seasoning has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/14. The product will be entitled to a 1 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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