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NY H85727

December 4, 2001

CLA-2-21:RR:NC:2:228 H85727


TARIFF NO.: 2103.90.7400; 2103.90.7800

Ms Susan Legacy
McCormick Canada
3340 Orlando Drive
Mississauga, Ontario L4V 1C7

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

Dear Ms Legacy:

In your letter dated September 20, 2001, received by this office on November 27, 2001, you requested a ruling on the status of a seasoning from Canada under the NAFTA.

A sample, ingredients breakdown, and specification sheet were submitted with your letter. The sample was examined and disposed of. Product no. 91828, PC Smokey BBQ Seasoning, is an orange-colored powder composed of 20-30 percent dextrose, 17.5 percent torula yeast type B, 15-20 percent salt, 15 percent sugar, 8.5 percent torula yeast, 5-10 percent tomato powder, 1-5 percent each of onion powder, ground paprika, and citric acid, and one percent or less each of silicon dioxide, ground red pepper, paprika oleoresin, garlic powder, smoke flavor, vegetable oil, caramel color, smoke flavor, black pepper oleoresin, soya bean oil, turmeric flavor, and oleo Mombassa chili. In Canada, all ingredients are blended according to the prescribed formula, packed in bags and sold as an ingredient in the production of potato chips. The seasoning is complete and ready to use, applied by the processors to the surface of prepared potato chips.

All but six of the ingredients used to make the seasoning are products of the United States, Canada, or Mexico. The ground red pepper, black pepper oleoresin, turmeric flavor, and oleo Mombassa chili are products of India, the torula yeast is a product of Switzerland, and the sugar may be a product of any of 15 non-NAFTA countries.

The applicable subheading for this product, 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 30.5 cents per kilogram plus 6.4 percent ad valorem.

Each of the non-originating materials used to make the seasoning have satisfied the changes in tariff classification required under HTS General Note 12(t)/21.7, or meet the requirements of HTS General Note 12(f)(i). PC Smokey BBQ Seasoning, no. 91828, 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 646-733-3029.


Robert B. Swierupski

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