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NY I82611

June 6, 2002

CLA-2-21:RR:NC:2:228 I82611


TARIFF NO.: 2103.90.7400; 2103.90.7800

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

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 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. 91860 Cajun Creole Seasoning is an orange-colored powder said to be composed of 40-50 percent dextrin, 14 percent sugar, 5-10 percent each of dehydrated tomato, salt, ground chili pepper, and monosodium glutamate, 1-5 percent each of hydrolyzed plant protein, onion powder, garlic powder, and ground black pepper, and one percent or less, each, of calcium silicate, ground oregano, tomato flavor, ground cumin, citric acid, ground thyme, ground basil, hydrogenated vegetable oil, paprika oleoresin, smoke flavor, capsicum flavor, celery flavor, disodium inosinate and disodium guanylate, chili oleoresin, and bell pepper flavor.

Nine of the ingredients are products of non-NAFTA countries. The tomato powder and ground thyme are products of Spain, ground oregano and ground cumin are products of Turkey, onion powder is a product of Germany, ground basil is a product of Egypt, chili oleoresin is a product of India, ground black pepper is a product of India or Indonesia, and sugar may be a product of any of 15 non-NAFTA countries. In Canada, all ingredients are blended together according to the prescribed formula, and sold to food processors for use as a seasoning on potato chips.

The applicable subheading for this product, 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 (HTS), 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 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. The seasoning, when classified in subheading 2103.90.7400, HTS, 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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