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NY B87254




July 15, 1997

CLA-2-21:RR:NC:2:228 B87254

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000

Mr. J. Frank McCormac
McCormick Canada Inc.
3340 Orlando Dr.
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 Mr. McCormac:

In your letter dated June 27, 1997 you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

An ingredients breakdown and sample accompanied your letter. The sample was examined and disposed of. Product no. 91491, USA Salt & Pepper Seasoning, is an off-white powder with scattered black particles, packed in 50-pound bags, and used as a flavoring ingredient for snack foods such as potato or tortilla chips. The stated ingredients are whey powder, sodium diacetate, sugar (less than 10 percent), shortening, black pepper, salt, onion powder, black pepper flavor, flavor enhancer, citric acid, autolyzed yeast powder, lemon juice powder, garlic powder, hydrolyzed plant protein, "I & G" (disodium inosinate and disosdium guanylate), hydrogenated vegetable oil, and black pepper extractive. Up to 2 percent calcium silicate will be added as an anti-caking agent.

Four of the ingredients (sugar, black pepper, I & G, and black pepper extractive) are products of non-NAFTA countries. In Canada, all ingredients will be mixed together in a blender according to the product formula, and packaged.

The applicable tariff provision for the snack seasoning will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 seasoning has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7. Product no. 91491 will be entitled to a 0.7 percent 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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