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NY H85730

December 19, 2001

CLA-2-21:RR:NC:2:228 H85730


TARIFF NO.: 2103.90.7400, 2103.90.7800

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

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

Dear Ms. Legacy:

In your letter dated September 19, 2001, you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

An ingredient breakdown accompanied your letter. The sample was examined and disposed of. Product no. 91826 PC All Dressed Seasoning is an orange powder with green flecks consisting of 36.40 percent sugar, 15-20 percent salt, 10-15 percent sodium diacetate, 5-10 percent each of dextrose and enriched wheat flour, 5 percent torula yeast, 1-5 percent each of onion powder, dehydrated tomato, citric acid, torula yeast type B, and malic acid, and one percent or less, each, of silicon dioxide, parsley, garlic powder, paprika oleoresin, paprika, red pepper, smoke flavor, sour cream flavor, onion flavor, turmeric flavor, black pepper oleoresin, and onion oleoresin.

The majority of the ingredients are products of the United States, Mexico, and Canada. The exceptions are the red pepper, black pepper oleoresin, and the turmeric from India, onion oleoresin from England, tomato powder and paprika from Spain, yeast from Switzerland, and sugar which may originate from any of 15 non-NAFTA countries. In Canada, all the ingredients are mixed and packed for industrial use as seasoning applied to snack foods.

The 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 Annotated (HTSUSA), 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 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.

Each 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, or has met the requirements of General Note 12(f). 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.

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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