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NY C80450




October 31, 1997

CLA-2-21:RR:NC:2:228 C80450

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400, 2103.90.7800, 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 McCormac:

In your letter dated October 1, 1997, you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

A sample and an ingredients breakdown accompanied your letter. The sample was examined and disposed of. The USA Steak & Onion Seasoning, no. 91543, is a beige colored powder consisting of 40-50 percent whey powder, 10-15 percent each of sugar and dextrose, 5-10 percent each of hydrolyzed vegetable protein, salt, monosodium glutamate, and hydrolyzed plant protein, 1-5 percent each of onion powder, Worcestershire powder, artificial beef flavor, and natural caramel color, 0.5-one percent citric acid, grill flavor, garlic powder, and silicon dioxide, and less than one percent each of oleo paprika, ground black pepper, vegetable oil, onion flavor, and black pepper flavor, disodium inosinate and disodium guanylate, "Tween 80", black pepper oleoresin, onion oleoresin, turmeric oleoresin propylene glycol and silicon dioxide. The majority of the ingredients are products of the United States or of Canada. The exceptions are the artificial beef flavor and the onion oleoresin from England, citric acid from Ireland, oleo paprika from Morocco, disodium inosinate and disodium guanylate from Japan, black pepper oleoresin, and turmeric oleoresin from India, ground black pepper from India or Indonesia, and sugar 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 is for industrial use as a seasoning for potato chips or corn tortilla chips.

The ingredients breakdown you submitted indicates the USA Steak & Onion Seasoning may contain between 10-15 percent cane or beet sugar, by weight. When containing over 10 percent by dry weight, of cane or beet sugar, and imported in quantities that fall within the limits described in additional U.S. note 4 to chapter 21, the applicable subheading 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. When containing 10 percent, or less of sugar, the applicable subheading will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for 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 seasoning has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/7. The USA Steak & Onion Seasoning, when classified in 2103.90.7400, or 2103.90.8000, HTS, 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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