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NY I82610

May 31, 2002

CLA-2-21:RR:NC:2:228 I82610


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

Dear Ms. Legacy:

In your letter dated May 27, 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. 91843 Jalapeno & Cheese Tortilla Seasoning is an orange colored powder said to be composed of 20-30 percent each of cheese blend and salt, 10-15 percent spray dried shortening, 5-10 percent each of dextrose, monosodium glutamate, and romano cheese powder, 7 percent sugar, 1-5 percent each of a cheese blend, dextrin, dehydrated tomato, ground jalapeno pepper, enzyme modified cheddar cheese, onion powder, and ground cayenne powder, and one percent or less, each, of citric acid, silicon dioxide, ground black pepper, garlic powder, caramel color, parsley flakes, paprika oleoresin, disodium inosinate and disodium guanylate, partially hydrogenated vegetable oil, color, jalapeno flavor, lactic acid, bell pepper flavor, black pepper oleoresin, and ground paprika.

All but six of the ingredients are products of the United States, Canada, or Mexico. The tomato powder is a product of Spain, the onion powder is a product of Germany, ground cayenne pepper and black pepper oleoresin are products of India, the ground black pepper is a product of Indonesia or India, and the 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 tortilla 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)/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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