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NY I82353

June 11, 2002

CLA-2-21:RR:NC:2:228 I82353


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 I81084

Dear Ms. Legacy:

This ruling is being issued to correct Customs Ruling No. NY I81084, dated May 2, 2002. The ruling letter, at page 1, paragraph 4, 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 17, 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. 91834 GS BBQ Seasoning is an orange-colored powder said to be composed of 40-50 percent fructose, 20-30 percent dextrin, 10-15 percent salt, 9 percent torula yeast, 5-10 percent tomato powder, 1-5 percent ground paprika, and one percent or less each of silicon dioxide, ground cayenne pepper, citric acid, canola oil, paprika oleoresin, smoke flavor, turmeric flavor, onion flavor, garlic flavor, black pepper oleoresin, onion oleoresin, and silicon dioxide. All but 6 ingredients are products of the United States and Canada. The tomato powder and ground paprika are products of Spain, the ground cayenne pepper, turmeric flavor, and black pepper oleoresin are products of India, and the onion oleoresin is a product of the Netherlands. In Canada, the ingredients are blended to the desired consistency and sold to manufacturers of rice cakes, who will apply the seasoning to the surface of prepared, unsalted rice cakes.

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. 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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