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NY I82351

June 11, 2002

CLA-2-21:RR:NC:2:228 I82351


TARIFF NO.: 2103.90.9091

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 sauce mix from Canada; Article 509. Correction to Customs Ruling No. NY I81907

Dear Ms. Legacy:

This ruling is being issued to correct Customs Ruling No. NY I81907, dated May 24, 2002. The ruling letter, at page 1, paragraph 5, 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 April 16, 2002 you requested a ruling on the status of a sauce mix from Canada under the NAFTA.

A sample and ingredients breakdown accompanied your letter. The sample was examined and disposed of. Product no. 86700 Alfredo Sauce Mix is an off-white colored powder said to be composed of 15-20 percent each of whey solids and modified corn starch, 10-15 percent each of parmesan cheese, romano cheese, and salt, 5-10 percent each of spray dried butter, parmesan cheese flavor, and maltodextrin, 3 percent sugar, 1-5 percent each of dehydrated onion, yeast extract, garlic, and monosodium glutamate, and one percent or less each of cheese flavor and ground nutmeg.

All but three ingredients are products of the United States, Canada, or Mexico. The sugar may originate in any of 15 non-NAFTA countries, the dehydrated onion is a product of Germany, and the ground nutmeg is a product of Granada. In Canada, all ingredients are blended together according to the prescribed formula and sold to food processors, who will reconstitute the powder to a sauce and use it as a component of frozen entrees.

The applicable tariff provision for the Alfredo Sauce Mix, product no. 86700, will be 2103.90.9091, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sauces and preparations thereforotherotherother. The general rate of duty will be 6.4 percent ad valorem.

Each of the non-originating materials used to make the sauce mix has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7. The sauce mix 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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