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NY I85460

September 16, 2002

CLA-2-21:RR:NC:2:228 I85460


TARIFF NO.: 2103.90.8000

Ms. Susan Legacy
La CIE McCormick Canada Inc.
3340 Orlando Drive
Mississauga, Ontario Canada L4V 1C7

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 August 16, 2002, you requested a ruling on the status of a seasoning from Canada under the NAFTA.

An ingredients breakdown accompanied your letter. The sample was examined and disposed of. Cajun Seasoning - no. 96943 is a orange red powder consisting of 20-30 percent each of paprika and salt, 10-15 percent each of onion powder and garlic powder, 5-10 percent each of cayenne pepper and lemon juice powder, 5 percent sugar, 1-5 percent each of black pepper, dextrin, white pepper, dextrose, oregano, and thyme, and one percent or less each, of coriander, calcium silicate, paprika oleoresin, black pepper oleoresin, soy bean oil, oleo mombassa chili, phosphate tricalcium TCP, thyme oleoresin bay oil, basil oleoresin, basil oil, silicon dioxide, and bay oleoresin.

The majority of the ingredients for the seasoning are products of either Canada or the United States. The exceptions are the sugar, which may originate in any of fifteen non-NAFTA countries, cayenne pepper, black pepper, black pepper oleoresin, oleo mombassa chili, and bay oil from India, black pepper and white pepper from Indonesia, tricalcium phosphate from Germany, oregano from Turkey, and thyme from Spain. In Canada, the ingredients are mixed and packed for industrial users who will apply it to deep fried fish.

The applicable subheading for the Cajun Seasoning - no. 96943 will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for mixed condiments and mixed seasoningsotherother. The general rate of duty will be 6.4 percent ad valorem.

The non-originating materials used to make the seasoning have satisfied the change in tariff classification required under HTSUSA General Note 12(t)/21/7. The article 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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