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NY C85718

April 17, 1998

CLA-2-21:RR:NC:2:228 C85718


TARIFF NO.: 2103.90.7400; 2103.90.7800

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 seasoning from Canada; Article 509

Dear Mr. McCormac:

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

A sample and ingredients breakdown accompanied your letter. Additional cost information was submitted on April 13, 1998. The sample was examined and disposed of. Product no. 90971, All Dressed Seasoning, is an orange-colored powder containing green particles, composed of sugar (20-40 percent), salt, disodium diacetate, dextrose, torula yeast, wheat flour, onion powder, citric acid, dehydrated tomato, malic acid, silicon dioxide, parsley, garlic powder, paprika oleoresin, ground paprika, ground cayenne pepper, smoke flavor, sour cream flavor, onion powder, tumeric flavor, black pepper oleoresin, and onion oleoresin. Ten of the ingredients (sugar, sodium diacetate, torula yeast, dehydrated tomato, paprika oleoresin, ground paprika, ground cayenne pepper, tumeric flavor, black pepper oleoresin, and onion oleoresin) are products of non-NAFTA countries. In Canada, all ingredients are mixed together according to the product formula, and packed into 50-pound bags. The finished seasoning is sold to customers who use it to coat snack foods such as potato chips or corn chips.

The applicable subheading for the All Dressed Seasoning, product no. 90971, 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 has met the requirements of General Note 12(f). The All Dressed Seasoning, product no. 90971, when classified in subheading 2103.90.74, 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.


Robert B. Swierupski

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