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NY I88959

December 3, 2002

CLA-2-21:RR:NC:2:228 I88959


TARIFF NO.: 2103.90.8000

Ms. Susan Legacy
McCormick Canada Co.
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 November 27, 2002 you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

A sample and ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Product no. 91892 – R1253 Cheese & Onion Seasoning, is a beige-colored powder composed of 20-30 percent each of dextrose and onion powder, 5-10 percent each of torula yeast, sugar, onion powder, salt, malt powder, and uncolored cheese, 1-5 percent each of toasted onion powder, and monosodium glutamate, and one percent or less, each, of garlic powder, silicon dioxide, citric acid, oil, onion flavor, onion flavors, and onion extractive.

All but three ingredients are products of the United States, Canada, or Mexico. The onion powder is a product of Germany, the onion extractive is a product of the Netherlands, and the sugar may be a product of 15 different non-NAFTA countries. In Canada, all ingredients are mixed together according to the prescribed formula, packed, and sold to processors, who will apply it to the surface of potato chips.

The applicable tariff provision for this product will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for mixed condiments and mixed seasoningsother. 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 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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