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NY B83693




May 21, 1997

CLA-2-21:RR:NC:2:228 B83693

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400; 2103.90.7800; 2103.90.8000

Mr. J. Frank McCormack
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 snack seasonings from Canada; Article 509

Dear Mr. McCormack:

In your letters dated March 18, 1997 and May 2, 1997 you requested a ruling on the status of snack seasonings from Canada under the NAFTA.

Samples and ingredients breakdowns for three products accompanied your first letter. The samples were examined and disposed of. The products are powders, packed for industrial use in 50-pound bags, used as flavoring ingredients for snack foods such as corn chips or potato chips. PC Smokey BBQ Seasoning, product no. 91483, is an orange-colored powder composed of approximately 26 percent torula yeast, 26 percent dextrose, 15 percent salt, 15 percent sugar, 5 percent tomato powder, 5 percent onion powder, 3 percent paprika, 2 percent citric acid, and less than one percent each of paprika extract, red pepper, garlic powder, smoke flavor and smoke oil, vegetable oil, color, black pepper extract, turmeric extract, and red pepper extract. Sour Cream & Onion Seasoning, product no. 91482, is a white powder containing green particles. The stated composition is approximately 33 percent whey powder, 26 percent dextrose, 13 percent buttermilk powder, 8 percent salt, 5 percent monosodium glutamate, 4 percent sour cream powder, 5 percent onion powder, 2 percent sodium diacetate, one percent each of shortening, cream flavor, and dehydrated parsley, and less than one percent each of sour cream flavor, vegetable oil, citric acid, garlic powder, onion flavor, and black pepper extract. PC Caribbean Seasoning, product no. 91488, is a light-brown powder whose approximate composition is 31 percent wheat flour, 22 percent salt, 8 percent dextrose, 7 percent sugar, 6 percent soy sauce powder, 6 percent torula yeast, 6 percent onion powder,
3 percent garlic powder, 2 percent black pepper, 2 percent red pepper, one percent each of lime juice powder, allspice, thyme, citric acid, nutmeg, cinnamon, sage and vegetable oil, and less than one percent each of red pepper extract, onion flavor, paprika extract, garlic flavor, black pepper extract, paprika, and onion extract. In each product, up to 2 percent silicon dioxide or calcium silicate may be added as an anti-caking agent.

Fourteen of the components of product no. 91488 (sugar, yeast, black pepper, red pepper, allspice, thyme, citric acid, nutmeg, cinnamon, sage, red pepper extract, paprika extract, paprika and onion extract), ten of the ingredients in product no. 91483 (yeast, sugar, tomato powder, paprika, citric acid, paprika extract, red pepper, black pepper extract, turmeric extract, and red pepper extract), and four of the ingredients of product no. 91482 (sodium diacetate, citric acid, black pepper extract and onion extract), are products of non-NAFTA countries. In Canada, all ingredients will be mixed together in a blender according to the seasoning's particular formula, and packaged.

The applicable subheading for the PC Smokey BBQ Seasoning, product no. 91483, 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 33.2 cents per kilogram plus 7 percent ad valorem.

The applicable tariff provision for the Sour Cream & Onion Seasoning, product no. 91482, and the PC Caribbean Seasoning, product no. 91488, will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings...other...other...other. The general rate of duty will be 7 percent ad valorem.

Each of the non-originating materials used to make these three seasonings has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7. Product no. 91483, when classified in subheading 2103.90.7400, and product nos. 91482 and 91488 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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