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NY C80290




October 31, 1997

CLA-2-21:RR:NC:2:228 C80290

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 September 29, 1997, you requested a ruling on the status of a snack 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 USA Block & Barrel BBQ Seasoning, product no. 91535, is an orange powder consisting of 20-40 percent each of wheat flour and dextrose, 1-10 percent each of salt, yeast torula, glucose solids, ground paprika, oleo paprika, sugar, flavor, and citric acid, and less than one percent each of garlic powder, ground chili pepper, ground cayenne pepper, ground black pepper, smoke flavor, silicon dioxide, disodium inosinate and disodium guanylate, smoke flavor, onion flavor, ground paprika, and onion oleoresin. The majority of the ingredients are products of the United States and Canada. The oleo paprika and ground paprika are products from Spain, the yeast torula is from Switzerland, the ground black and cayenne pepper are from India, the disodium inosinate and disodium guanylate is from Japan, the onion oleoresin is from England and the sugar will be from Australia, Costa Rica, Guatemala or South Africa. In Canada, the ingredients are mixed into a consistent blend, and packaged into 50 pound bags. The product will be used to make seasoned potato chips and corn tortilla chips.

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...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 seasoning 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,

Robert B. Swierupski
Director,
National Commodity

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