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NY B86101




June 26, 1997

CLA-2-21:RR:NC:2:228 B86101

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 and status under the North American Free Trade Agreement (NAFTA), of seasonings from Canada; Article 509

Dear Mr. McCormac:

In your letter dated May 30, 1997, you requested a ruling on the status of seasonings from Canada under the NAFTA.

Four samples and ingredients breakdowns accompanied your letter. The samples were examined and disposed of. The USA Ketchup Seasoning is a red/brown powder consisting of sugar (over 10 percent), sodium diacetate, corn starch, dextrose, tomato powder, MSG, paprika, citric acid, cinnamon, coloring, tartaric acid, clove, allspice, tomato flavor, paprika extract, black pepper, tumeric extract, color, dill, clove oil, onion extract, and calcium silicate. Hot Wings Seasoning is an orange powder with visible black specks consisting of sugar (over 10 percent), tomato powder, wheat flour, sodium diacetate, hydrolyzed plant protein, onion powder, chicken flavor, chili pepper, soya sauce powder, red pepper, black pepper extract, paprika extract, soya bean oil, red pepper extract, cumin, ginger, oregano, celery extract, coriander extract, coriander oil, and calcium silicate. BBQ Seasoning is an orange powder consisting of wheat flour, dextrose, glucose solids, torula yeast, paprika, hydrolyzed plant protein, sugar, citric acid, paprika extract, MSG, garlic powder, chili powder, red pepper, black pepper, smoke flavor, guar gum, smoke oil, onion flavor, onion extract, and silicon dioxide. The Dill Seasoning is an off-white powder with visible green specks, consisting of dill oil, MSG, sugar, sodium diacetate, lactose, whey powder, clove oil, citric acid, vinegar flavor, dill flavor, cucumber flavor, ground dill, whole dill weed, dehydrated parsley, black pepper extractive, and silicon dioxide. Each of the seasonings also contain salt, garlic powder, and hydrogenated vegetable oil. The products will be used as ingredients to flavor snacks such as potato chips or tortilla chips. The majority of the ingredients used to manufacture the seasonings are products of a NAFTA country. The exceptions are paprika from Morocco, red pepper, black pepper, and ginger from India, black pepper and clove oil from Indonesia, torula yeast from Switzerland, oregano and cumin from Turkey, cumin from Iran, cinnamon from China, clove from Madagascar or Brazil, allspice from Jamaica, sodium diacetate from England, and tomato powder from Spain. In Canada, the ingredients are mixed into a consistent blend, and packaged into 50 pound bags.

The applicable subheading for the USA Ketchup Seasoning and Hot Wings 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 products will be classified in subheading 2103.90.7800 HTS, and dutiable at the rate of 33.2 cents per kilogram plus 7 percent ad valorem.

The applicable subheading for the BBQ Seasoning and Dill Seasoning will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings...other. The general rate of duty will be 7 percent ad valorem.

Each of the non-originating materials used to make the seasonings has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/7. The USA Ketchup Seasoning and Hot Wings Seasoning, when classified in 2103.90.7400, HTS, and the BBQ Seasoning and Dill Seasoning will be entitled to a 0.7 ad valorem 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 212-466-5760.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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