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NY A86576



September 9, 1996

CLA-2-21:RR:NC:FC:228 A86576

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000

Mr. J. Frank McCormac
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 Mr. McCormac:

In your letter dated July 29, 1996, you requested a tariff classification ruling.

A sample and an ingredients breakdown accompanied your letter. The sample was examined and disposed of. The PC Three Cheese Seasoning is an orange colored powder composed of 28.19 percent whey powder, 20.07 percent salt, 11.60 percent dextrose, 11 percent wheat flour, 7 percent cheddar cheese powder, 6 percent parmesan cheese powder, 5 percent cheddar cheese flavor, 2.20 percent tomato powder, 2 percent each of romano cheese flavor, and buttermilk powder, 1.70 percent parmesan cheese flavor, and less than one percent each of garlic powder, citric acid, spice extractives (black pepper), romano cheese powder, onion powder, lactic acid, Durkex 500, silicon dioxide, and color. The product is to be used as an ingredient to flavor tortilla chips. The ingredients are products of either Canada or the United States with the exception of lactic acid which is a product of Brazil, tomato powder from Spain, and black pepper from India. In Canada, the ingredients are mixed into a consistent blend, and packaged into 50 pound bags.

The applicable subheading for the snack seasoning will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings ...other...other. The general rate of duty will be 7.1 percent ad valorem.

Each of the non-originating materials used to make the seasoning have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/7. The article, when classified in subheading 2103.90.8000, will be entitled to a 1.5 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,

Roger J. Silvestri
Director

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