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NY C80127

October 31, 1997

CLA-2-21:RR:NC:2:228 C80127


TARIFF NO.: 2103.90.7400, 2103.90.7800

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 snack seasonings from Canada; Article 509

Dear Mr. McCormac:

In your letter dated October 2, 1997, you requested a ruling on the status of snack seasonings from Canada under the NAFTA.

Samples and ingredients breakdowns accompanied your letter. The sample was examined and disposed of. The USA Ketchup Seasoning 91545, is a brownish, red powder, composed of 30-40 percent sugar, 10-15 percent sodium diacetate, and modified corn starch, 5-10 percent each of dextrose, salt and dehydrated tomato, 1-5 percent of monosodium glutamate, ground paprika, citric acid, ground China cinnamon, and red color, 0.5-1 percent tartaric acid, ground coarse, clove, garlic powder, ground allspice, tomato flavor, and calcium silicate, less than one percent each of oleo paprika, vegetable oil, salt, ground black pepper, ground dill, Tween 80, yellow color, clove, onion, and turmeric oleoresin, onion flavor, propylene glycol, blue color, and clove oil. The USA Pizza Seasoning 91546, is an orange powder with visible green flakes, composed of 30-40 percent whey powder, 10-15 percent dextrose, 5-10 percent each of uncolored cheese blend, and sugar, 1-5 percent each of Cheestreme 133 romano cheese, garlic powder, romano cheese flavor, monosodium glutamate, ground spanish paprika, hydrolyzed plant protein, citric acid, onion powder, ground fennel, and ground coriander, 0.5-1 percent ground oregano, natural caramel color, salt, oleo paprika, and parsley, and less than one percent each of silicon dioxide, soya bean oil, ground black pepper, ground cayenne pepper, tomato flavor, onion flavor, Tween 80, garlic flavor, turmeric oleoresin, smoke flavor, propylene glycol, onion oleoresin, silicon dioxide, and ground paprika. The majority of the ingredients are from the United States and Canada. The exceptions are ground paprika and dehydrated tomato from Spain, oleo paprika, and ground coriander from Morocco, ground oregano from Turkey, ground cinnamon from China, ground coarse clove from Brazil or Madagascar, ground allspice from Jamaica, onion oleoresin and sodium diacetate from England, tartaric acid from Italy, turmeric oleoresin and ground cayenne pepper, and ground fennel from India, ground black pepper from India or Indonesia, and sugar from Australia, Costa Rica, Guatemala, or South Africa. In Canada, the ingredients are mixed into consistent blends, and packaged into 50 pound bags. The products are for industrial use as seasonings for potato chips or corn tortilla chips.

The applicable subheading for the USA Ketchup Seasoning 91545, and USA Pizza Seasoning 91546, if imported in quantities that fall within the limits described in additional U.S. note 4 to chapter 21, will be 2103.90.7400, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings described in additional U.S. note 3 to this chapter...described in additional U.S. note 4 to this chapter and entered pursuant to its provisions. The rate of duty will be 7.5 percent ad valorem. If the quantitative limits of additional U.S. note 4 to chapter 21 have been reached, the products will be classified in subheading 2103.90.7800 HTS, and dutiable at the rate of 33.2 cents per kilogram plus 7 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)/21/7. The USA Ketchup Seasoning 91545, and USA Pizza Seasoning 91546, when classified in 2103.90.7400, HTS, will be entitled to a 0.7 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.


Robert B. Swierupski
National Commodity

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