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NY C83857

February 26, 1998

CLA-2-21:RR:NC:2:228 C83857


TARIFF NO.: 2103.90.8000

Mr. J. Frank McCormack
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 seasoning from Canada; Article 509

Dear Mr. McCormack:

In your letters dated January 28, 1998 and February 25, 1998 you requested a ruling on the status of a seasoning from Canada under the NAFTA.

A sample and ingredients breakdown accompanied your first letter. The sample was examined and disposed of. Pizza Seasoning, product no. 91587, is a orange-colored powder containing small green particles, composed of whey powder, dextrose, sugar (10 percent or less), cheese blend, salt, Romano cheese flavor, garlic powder, monosodium glutamate, ground paprika, hydrolyzed plant protein, citric acid, onion powder, ground coriander, ground fennel, color, ground oregano, silicon dioxide, parsley, paprika oleoresin, soybean oil, ground black pepper, ground cayenne pepper, tomato flavor, tumeric flavor, onion flavor, garlic flavor, smoke flavor, and onion oleoresin. Ten of the ingredients (sugar, ground paprika, ground coriander, ground fennel, ground oregano, paprika oleoresin, ground black pepper, ground cayenne pepper, turmeric flavor, and onion oleoresin) are from non-NAFTA countries. In Canada, all ingredients will be mixed together, packed in 50-pound bags, and sold to customers for use as a coating/flavoring for potato chips or tortilla chips.

The applicable tariff provision for the Pizza Seasoning, no. 91587 will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for mixed condiments and mixed seasonings...other...other...other. The general rate of duty will be 6.8 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 Pizza Seasoning, no. 91587, will be entitled to a free 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 this ruling letter 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

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