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NY I87001

October 18, 2002

CLA-2-21:RR:NC:2:228 I87001


TARIFF NO.: 2103.90.7400, 2103.90.7800

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 snack seasoning from Canada; Article 509

Dear Ms. Legacy:

In your letter dated September 24, 2002, you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

An ingredients breakdown accompanied your letter. The sample was examined and disposed of. Thin & Crispy BBQ Seasoning 91890 is an orange powder consisting of 20-30 percent sugar, 10-15 percent dextrin, 5-10 percent each of dextrose, salt, chili pepper, onion powder, MSG, fructose, malt powder, and torula yeast, 1-5 percent each of garlic powder, tomato powder, and smoke flavor, and one percent or less of caramel color powder, citric acid, natural flavor, calcium silicate, oleoresin paprika, and oil. The majority of the ingredients are products of the United States, Mexico, and Canada. The exceptions are the onion powder from Germany, tomato powder from Spain, and sugar originating from any of fifteen non-NAFTA countries. In Canada, the ingredients are mixed and packed for industrial use as seasoning applied to potato chips.

The applicable subheading for the seasoning, 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 Annotated (HTSUSA), 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 general 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 Thin & Crispy BBQ Seasoning 91890 when classified in 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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