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NY I82350

June 11, 2002

CLA-2-21:RR:NC:2:228 I82350


TARIFF NO.: 2103.90.8000

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

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a seasoning from Canada; Article 509. Correction to Customs Ruling No. NY I82168

Dear Ms. Legacy:

This ruling is being issued to correct Customs Ruling No. NY I82168, dated May 31, 2002. The ruling letter, at page 2, paragraph 1, did not provide the full citation for the provision under which the product was entitled to a free rate of duty under the NAFTA. A complete corrected ruling follows.

In your letter dated May 7, 2002 you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

A sample and ingredients breakdown accompanied your letter. The sample was examined and disposed of. Product no. 91825 Southwestern Spice Seasoning is an orange colored powder said to be composed of 30-40 percent maltodextrin, 10-15 percent salt, 5-10 percent each of dextrose and monosodium glutamate, 8 percent sugar, 2.5 percent torula yeast, 1-5 percent each of ground paprika, garlic powder, ground chili pepper, sodium diacetate, hydrolyzed plant protein, dehydrated tomato, citric acid, onion powder, ground oregano, and ground cumin, and one percent or less, each, of toasted onion powder, ground basil, paprika oleoresin, ground cayenne pepper, tomato flavor, ground jalapeno pepper, silicon dioxide, soybean oil, jalapeno flavor, onion flavor, celery oleoresin, chili oleoresin, onion extract, bell pepper flavor, and ground paprika.

Twelve of the ingredients are products of non-NAFTA countries. Ground paprika and tomato powder are products of Spain, ground oregano and ground cumin are products of Turkey, ground cayenne pepper, celery oleoresin, and chili oleoresin are products of India, onion powder is a product of Germany, ground basil is a product of Egypt, onion extract is a product of the Netherlands, torula yeast is a product of Switzerland, and sugar may be a product of any of 15 non-NAFTA countries. In Canada, all ingredients are mixed together according to the prescribed formula and packed for sale to snack food manufacturers, who will apply the seasoning to potato chips.

The applicable tariff provision for this product will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for mixed condiments and mixed seasoningsother. The general rate of duty will be 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 meets the requirements of HTSUSA General Note 12(f). The seasoning 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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