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January 27, 1999

CLA-2-21:RR:NC:2:228 D86120

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400; 2103.90.7800

Ms. Janet Schwartz
Schwartz Sausage Company, Inc.
144 Seekings Street
Headingly, MB R4J 1A9 Canada

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

Dear Ms. Schwartz:

In your letter dated December 15, 1998 you requested a ruling on the status of meat marinades from Canada under the NAFTA.

Ingredients breakdowns and copies of the packaging were submitted with your letter. Additional information concerning the origin of the ingredients was provided with a letter dated January 13, 1999. The products are described as meat marinades, and consist of a mixture of dry ingredients, packed for retail sale. Pepper Blend consists of 70.4 percent salt, 17.5 percent sugar, 7.5 percent spices (pepper, caraway, fenugreek), 2.2 percent sodium erythorbate, 1.9 percent garlic powder, and less than one percent tricalcium phosphate. Cajun Meat Marinade contains 65 percent salt, 15.5 percent spices (mustard, chili powder, oregano, pepper, cumin), 10.7 percent sugar, 5 percent hydrolyzed vegetable protein, 2.2 percent sodium erythorbate, and less than one percent each of onion powder, garlic powder, canola oil, oleoresin paprika, and citric acid. Teriyaki Meat Marinade is 65.7 percent salt, 16.7 percent sugar, 8.5 percent hydrolyzed vegetable protein, 3.6 percent garlic powder, 2.4 percent sodium erythorbate, 1.5 percent spices (anise, ginger, cinnamon, pepper), 1.5 onion powder, and one percent tricalcium phosphate. X-tra Hot & Spicy Meat Marinade is composed of 53 percent salt, 18.7 percent sugar, 16.5 percent spices (pepper, nutmeg, cracked chili), 3.5 percent onion powder, 3 percent garlic powder, 2.3 percent sodium erythorbate, 2 percent paprika, and one percent sodium diacetate. Jamaican Jerk Meat Marinade is made from 72.1 percent sugar, 12.1 percent paprika, 8.1 percent salt, 5.8 percent spices (pepper, cumin, fenugreek, chili pepper, cardamom), one percent dehydrated garlic, and less than one percent each of canola oil, turmeric, and silicon dioxide.

Six of the ingredients in the Jamaican Jerk Meat Marinade (pepper, cumin, fenugreek, chili pepper, turmeric, and cardamom), four of the ingredients in the Teriyaki Meat Marinade (anise, ginger, cinnamon, pepper) and Cajun Meat Marinade (chili powder, oregano, pepper, cumin), three ingredients in the X-tra Hot & Spicy Meat Marinade (pepper, nutmeg, cracked chili), and two components of the Pepper Blend Meat Marinade (pepper, fenugreek) are from non-NAFTA countries. All ingredients are blended in Canada and packed in retail containers holding .74 or 1.5 ounces, net weight. The applicable subheading for these meat marinades, 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 31.4 cents per kilogram plus 6.6 percent ad valorem.

Each of the non-originating materials used to make the meat marinades has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7. The marinades, when classified in subheading 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,

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