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NY B88944




September 17, 1997

CLA-2-21:RR:NC:2:228 B88944

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

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 food ingredient from Canada; Article 509

Dear Mr. McCormac:

In your letter dated August 18, 1997, you requested a ruling on the status of a seasoning from Canada under the NAFTA.

A sample and an ingredients breakdown were submitted with your letter. The sample was examined and disposed of. The Jerk Sauce Seasoning, product no. 86443, is a brownish-yellow powder consisting of 40-50 percent salt, 15-20 percent allspice, 10-15 percent black pepper, 5-10 percent sugar, 1-5 percent each of cayenne pepper, vegetable oil, nutmeg, allspice, pepper red oleoresin, and thyme, and less than one percent each of lime powder, and hot sauce flavor. All but six of the ingredients are products of the United States and Canada. The exceptions are sugar and allspice from Jamaica, black pepper and cayenne pepper from India, and thyme from Spain. In Canada, the ingredients are mixed into a consistent blend, and packaged into 50 pound bags. The seasoning will be used to make a sauce for retail sale and industrial use.

The applicable tariff provision for the Jerk Sauce Seasoning will be 2106.90.9997, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations not elsewhere specified or included...other...other...containing sugar derived from sugar cane and/or sugar beets. The general rate of duty will be 8.2 percent ad valorem.

Each of the non-originating materials used to make the food ingredient has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/14. The product will be entitled to a 1 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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