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NY C80968




November 20, 1997

CLA-2-21:RR:NC:2:228 C80968

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400, 2103.90.7800

J. Frank McCormac
Marketing Manager, Industrial Division
McCormick Canada Inc.
3340 Orlando Dr.
Mississauga, Ontario L4V 1C7

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a seasoning from Canada; Article 509

Dear Mr. McCormac:

In your letter dated September 29, 1997, you requested a ruling on the status of a seasoning from Canada under the NAFTA.

A sample and an ingredient breakdown were submitted with your letter. The sample was examined and disposed of. French Onion Dip Seasoning, product no. 94343, is a beige colored powder with visible dehydrated onion pieces composed of 30-40 percent salt, 15-20 percent sugar, 10-15 percent each of dehydrated toasted onion, toasted onion powder, and dehydrated onion, 5-10 percent each of monosodium glutamate, garlic powder, 1-5 percent each of hydrolyzed plant protein, romano cheese flavor, and lemon juice powder, and less than one percent each of calcium silicate and onion flavor. The majority of the ingredients are products of the United States or Canada. The exception is the sugar which will be from South Africa, Guatemala, Costa Rica, or Australia. In Canada, the ingredients are mixed into a consistent blend, and packaged into 50 pound bags. After importation, the seasoning will be mixed with sour cream and sold as potato chip dip.

The applicable subheading for the French Onion Dip Seasoning, 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.

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 French Onion Dip Seasoning, when classified in 2103.90.7400, HTS, will be entitled to a 0.7 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 177 of the Customs Regulations (19 C.F.R. 177).

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,

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