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NY C84723




March 5, 1998

CLA-2-21:RR:NC:2:228 C84723

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400, 2103.90.7800

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

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

Dear Mr. McCormac:

In your letter dated February 20, 1998, you requested a ruling on the status of a seasoning from Canada under the NAFTA.

The sample, submitted with your letter, was examined and disposed of. P.C. All Dressed Seasoning, product no. 91533, is an orange powder with green flakes composed of sugar (30-40 percent), salt, sodium diacetate, dextrose, torula yeast, onion powder, dehydrated tomato, citric acid, malic acid, salt, calcium silicate, parsley, garlic powder, wheat flour, paprika oleoresin, cayenne pepper, smoke flavor, sour cream flavor, onion flavor, tumeric flavor, black pepper oleoresin, onion oleoresin, paprika, silicon dioxide, dill oil, and dill oleoresin. In Canada, the ingredients are mixed into a consistent blend, and packaged into 50 pound bags. Both products will be used as ingredients to flavor snacks such as potato chips or tortilla chips.

The majority of the ingredients are products of either the United States or Canada. The exceptions are the sugar from Australia, Costa Rica, Guatemala, or South Africa, the sodium diacetate and the onion oleoresin from the England, cayenne pepper, tumeric flavor, and black pepper oleoresin from India, torula yeast from Switzerland, dehydrated tomato from Spain, and paprika oleoresin from Morocco.

The applicable subheading for the P.C. All Dressed Seasoning, no. 91533,, 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 product will be classified in subheading 2103.90.7800 HTS, and dutiable at the rate of 32.3 cents per kilogram plus 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 or meets the requirements of General Note 12(f). The P.C. All Dressed Seasoning, no. 91533, when classified in 2103.90.7400, HTS, 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 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,

Robert B. Swierupski
Director,
National Commodity

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