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NY I87965

November 12, 2002

CLA-2-21:RR:NC:2:228 I87965


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 snack seasoning from Canada; Article 509

Dear Ms. Legacy:

In your letter dated October 28, 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. Product no. 91824 NN Dill Pickle Seasoning is a creamy-white colored powder. It consists of 30-40 percent of lactose, 20-30 percent sodium diacetate, 10-15 percent of salt, 5-10 percent each of garlic powder, vinegar powder, and monosodium glutamate, 1-5 percent fennel, 0.5-1 percent each of dill and calcium silicate, and less than one percent each of dill oil, dill oleoresin, dill flavor, vegetable oil, red pepper oleoresin, caraway oil, cassia oil, pimento oil, ginger oleoresin, clove oil, bay oil, and coriander oil. The majority of the ingredients are products of the United States and Canada. The exceptions are the dill seed and ginger oleoresin from India, fennel from Egypt, bay oil from the Dominican Republic, cinnamon oil from Sri Lanka, clove oil from Indonesia, coriander oil from Russia, and caraway oil from Poland. In Canada, the ingredients are mixed and packed for industrial use as seasoning applied to pre-salted potato chips.

The applicable subheading for the seasoning 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.

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 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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