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November 9, 2000

CLA©2©21:RR:NC:2:228 G83791

TARIFF NO.: Á???????Á2103.90.7400, 2103.90.7800

Ms. Joan McKnight
La CIE McCormick Canada Inc.
3340 Orlando Drive
Mississauga, Ontario Canada L4V 1C7

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

Dear Ms. McKnight:

Á???????ÁIn your letter dated August 10, 2000, you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

Á???????ÁA sample and an ingredient breakdown accompanied your letter. The sample was examined and disposed of Sweet Maui Onion Seasoning 91756 is a beige colored powder consisting of 20©30 percent dextrose, 15©20 percent onion powder, 10©15 percent each of whey powder and sugar, 5©10 percent each of hydrolyzed plant protein, fructose, toasted onion powder, 1©5 percent each of dextrin, torula yeast, salt, cheese Romano cheestreme 133, onion flavor, malic acid, and garlic powder, 0.5©1 percent each of Romano cheese flavor, and calcium silicate, and less than one percent each of disodium inosinate & disodium guanylate, vegetable oil, black pepper oleoresin, onion oleoresin, and silicon dioxide. Á???????ÁThe majority of the ingredients for the seasoning are products of either Canada or the United States. The exceptions are the disodium inosinate and disodium guanylate from Japan, the black pepper oleoresin from India, the onion oleoresin from England, and the sugar, which may originate in any of fourteen non©NAFTA countries. In Canada, the ingredients are blended and packaged for industrial use. The seasoning will be applied to pre©salted potato chips by the snack manufacturer.

Á???????ÁThe applicable subheading for the seasoning, 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 chapterÀÝ?Àdescribed in additional U.S. note 4 to this chapter and entered pursuant to its provisions. The general 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 30.5 cents per kilogram plus 6.4 percent ad valorem.

Á???????ÁEach 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 article, when classified in subheading 2103.90.7400, will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.Á???????ÁÁ???????Á

Á???????ÁThis ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

Á???????ÁThis ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

???Á???????ÁA 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.

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