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NY I82612

June 6, 2002

CLA-2-21:RR:NC:2:228 I82612


TARIFF NO.: 2103.90.8000

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. 91864 Texas Hot Spice Seasoning is a red powder said to be composed of 20-30 percent each of maltodextrin and a cheese blend, 9.8 percent sugar, 5-10 percent each of dextrose, monosodium glutamate, and hydrolyzed soy protein, 1-5 percent each of ground jalapeno pepper, onion powder, garlic powder, salt, ground cayenne pepper, and ground chili pepper, and one percent or less, each, of calcium silicate, citric acid, color, capsicum flavor, hydrogenated vegetable oil, pepper flavor, paprika oleoresin, black pepper oleoresin, onion flavor, green bell pepper flavor, ground paprika, onion oleoresin, and silicon dioxide.

Five of the ingredients are products of non-NAFTA countries. The onion powder is a product of Germany, the ground cayenne pepper and black pepper oleoresin are products of India, the onion oleoresin is a product of the Netherlands, and the 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 will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasoningsother. The 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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