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NY B84247




January 7, 1997

CLA-2-:RR:NC:2:228 B84247

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 snack seasonings from Canada; Article 509

Dear Mr. McCormac:

In your letters dated April 7, 1997, and April 28, 1997, you requested a ruling on the status of snack seasonings from Canada under the NAFTA.

Three samples and ingredients breakdowns accompanied your letter. The samples were examined and disposed of. The Pizza Seasoning, product number 90947, is an orange powder with green flakes consisting of 30.24 percent whey powder, 16.74 percent salt, 11.80 percent dextrose, 8 percent sugar, 5.70 percent cheddar cheese powder, 4 percent romano cheese powder, 3.40 percent romano cheese flavor, 3.4 percent garlic powder, 3.2 percent MSG, 2.50 percent ground paprika, 2 percent hydrolyzed plant protein, 1.50 percent citric acid, 1.4 percent onion powder, 1 percent ground coriander, 1 percent ground fennel, and less than one percent each of ground oregano, caramel color, paprika extract, dehydrated parsley, soya bean oil, ground black, and red pepper, tomato flavor, turmeric extract, onion flavor, garlic flavor, smoke oil, and onion extract. Sour Cream and Cheddar Seasoning, product number 90994, is an orange powder consisting of 50 percent cheddar cheese powder, 20 percent salt, 11.22 whey powder, 7.5 percent MSG, 4.50 percent onion powder, 2 percent cheese flavor, 2 percent cheddar cheese flavor, 1.25 percent garlic powder, and less than one percent each of citric acid, "I & G", lactic acid, hydrogenated vegetable oil, and sour cream flavor. Jalapeno Seasoning, product number 90950, is an orange powder with green flakes consisting of 26 percent salt, 25.70 percent dextrose, 21.56 percent maltodextrin, 8.6 percent ground jalapeno pepper, 4.7 percent onion powder, 4.5 percent MSG, 4.40 percent torula yeast, 3.92 percent garlic powder, and less than one percent each of soya bean oil, paprika extract, green bell pepper flavor, turmeric extract, and jalapeno pepper flavor. The products will be used as ingredients to flavor snacks such as potato chips or tortilla chips. The majority of the ingredients for the three seasonings are products of either Canada or the United States. For the Pizza Seasoning, the exceptions are the paprika and tomato flavor from Spain, the fennel, black pepper, and red pepper from India or Indonesia, the coriander from Morocco, and the oregano from Turkey. For the Sour Cream and Cheddar Seasoning, the lactic acid is a product of Brazil. In Canada, the ingredients are mixed into a consistent blend, and packaged into 50 pound bags.

The applicable subheading for the snack seasonings will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings ...other...other...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 seasonings 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 letter is binding only as to the party to whom it is issued and may be relied on only by that party.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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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