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March 19, 1999

CLA-2-21:RR:NC:2:228 D88120


TARIFF NO.: 2103.90.8000

Mr. David Stockwell
Frank R. Stockwell Limited
1608 The Queensway
Toronto, Ontario M8Z 1W9

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

Dear Mr. Stockwell:

In your letters dated February 4, 1999 and March 3, 1999, on behalf of Wild Flavors, Inc., you requested a ruling on the status of seasonings from Canada under the NAFTA.

Samples and ingredients breakdowns accompanied your first letter. Additional information concerning the use of the products was submitted with your March correspondence. Nacho Seasoning, 5654, is an orange-colored powder composed of 31 percent “modified milk ingredients,” 13 percent salt, 11 percent natural and artificial flavor, 7 percent each of hydrogenated soybean oil and onion powder, 6 percent cheddar cheese, 5 percent each of monosodium glutamate and corn syrup solids, 4 percent each garlic powder and tomato powder, two percent each sugar, silicon dioxide and citric acid, one percent modified food starch, and less than one percent each of color, spice extractives, sodium citrate, disodium phosphate, disodium inosinate and disodium guanylate, lactic acid, soybean oil, dipotassium phosphate, mono and diglycerides, and BHT. Dill Pickle Seasoning, CX2672, is a white powder composed of 50 percent modified food starch, 24 percent sodium diacetate, 14 percent salt, 6 percent monosodium glutamate, 5 percent garlic powder, one percent each of vegetable oil and flavor, and less than one percent spice extractives. Ranch Seasoning, CX3033, is a green speckled, yellow powder made from 49 percent “modified milk ingredients,” 22 percent salt, 6 percent hydrogenated soybean oil, 5 percent each onion powder, garlic powder and monosodium glutamate, 2 percent each of sodium diacetate and cheddar cheese, one percent each of natural and artificial flavor and spice, and less than one percent each of malic acid, silicon dioxide, color, torula yeast, disodium phosphate, sodium citrate, citric acid, lactic acid, disodium inosinate and disodium guanylate, and BHT.

All three products are used as ingredients in the production of snack foods. Products 5654 and CX2672 are used to flavor tortilla or potato chips, by applying them to the outer surface of a finished chip. Product CX3033 is applied to the outer surface of crackers.

With three exceptions, all ingredients used for these products are goods of the United States or Canada. The exceptions are the disodium phosphate, a product of Germany, sodium diacetate, a product of Great Britain, and the cheddar cheese, which may be a product of New Zealand.

The applicable tariff provision for the Nacho Seasoning, 5654, Dill Pickle Seasoning, CX 2672, and Ranch Seasoning, CX3033 will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for mixed condiments and mixed seasonings...other. The general rate of duty will be 6.6 percent ad valorem.

Each of the non-originating materials used to make these three products has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7. The seasonings will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Your inquiry does not provide enough information for us to give a classification ruling on Cheddar Cheese Powder, 5010, and Cheese Seasoning, CX3465. Your request for a classification ruling should provide a breakdown for the “modified milk ingredients” component. Such a breakdown must indicate the actual quantities of whey, buttermilk, and whey protein concentrate. In addition, in order to issue a ruling, we must know how these two products will be used, what sort of products they will be used with, whether they will be mixed with other ingredients, etc. 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 212-637-7065.


Robert B. Swierupski

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