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May 3, 2001

CLA©2©21:RR:NC:2:228 G89547

Ms. Joan McKnight
La CIE McCormick Canada Co.
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 letters dated March 20, 2001, and April 9, 2001, you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

Á???????ÁA sample and an ingredients breakdown accompanied your letter. The sample was examined and disposed of. Rave Jalapeno and Cheese Seasoning 91730, is an orange colored powder consisting of 15©20 percent each of maltodextrin and colored cheese preparation, 10©15 percent whey powder, monosodium glutamate, and spray dried shortening, 5©10 percent each of torula yeast and dextrose, 1©5 percent each of cheese blend, ground green jalapeno pepper, ground red pepper, tomato powder, and blue cheese blend, 1 percent or less of enzyme modified cheddar cheese, citric acid, ground black pepper, silicon dioxide, caramel color, oleoresin paprika, disodium inosinate and disodium guanylate, oleoresin mombassa chili, oleoresin black pepper, color, sour cream flavor, lactic acid, jalapeno pepper flavor, garlic flavor, green bell pepper flavor, calcium silicate, and ground paprika. The 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, black pepper oleoresin, ground red pepper, and oleoresin mombassa chili from India, lactic acid from the Netherlands, black pepper from Indonesia, tomato powder from Spain, and torula yeast from Switzerland. In Canada, the ingredients are mixed and packed for industrial use as a seasoning, which will be applied to potato chips.Á???????Á

Á???????ÁThe applicable subheading for the seasoning will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasoningsÀÝ?À otherÀÝ?Àother. The general rate of duty will be 6.4 percent ad valorem.

Á???????ÁThe non©originating materials used to make the seasoning have satisfied the change in tariff classification required under HTSUSA General Note 12(t)/21/7 or meet the requirements of HTSUSA General Note 12(f). The article 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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