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NY 816614




January 2, 1996

CLA-2-21:RR:NC:FC:228 816614

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400, 2103.90.7800, 2103.90.8000

Mr. J. Frank McCormac
Marketing Manager, Industrial Division
McCormick Canada Inc.
3340 Orlando Dr.
Mississauga, Ontario L4V 1C7

RE: The tariff classification of seasonings from Canada.

Dear Mr. McCormac:

In your letter dated November 30, 1995, you requested a tariff classification ruling.

Samples and ingredients breakdowns for two products accompanied your letter. The samples were examined and disposed of. MGM Kolbassa Seasoning #1738 is a granular substance, white in color with black flakes. It is said to consist of 74.03 percent corn syrup solids, 9.93 percent spices, 9.87 percent dextrose, and 6.17 percent garlic powder. Double Smoked Sausage Seasoning is a pale yellow powder with black specks containing 47.87 percent sugar, 28.20 percent salt, 20.60 percent spices, and 3.33 percent sodium ascorbate. Both items will be used as raw materials in processed meat products.

The applicable subheading for the Double Smoked Sausage 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 (HTS), 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 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 35 cents per kilogram plus 7.3 percent. In 1996, the rate will be 34.1 cent per kilogram plus 7.1 percent. In addition, products classified in subheading 2103.90.7800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.21.01 to 9904.21.08, HTS.

The applicable subheading for the MGM Kolbassa Seasoning #1738 will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings...other...mixed condiments and mixed seasonings ...other. The rate of duty will be 7.3 percent ad valorem. In 1996 the rate of duty will be 7.1 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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