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NY C83201




January 29, 1998

CLA-2-21:RR:NC:2:228 C83201

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000

J. Frank McCormac
McCormick Canada Inc.
3340 Orlando Dr.
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 letter dated January 7, 1998, 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. USA Simulated Salt & Vinegar, product no. 91548, is an off-white colored powder, composed of 40-50 percent sodium diacetate, 30-40 percent lactose, 5-10 percent each of spray dried shortening and salt, 1-5 percent malic acid, and less than one percent each of calcium sterate, soya bean oil, and silicon dioxide. Sour Cream and Onion Seasoning, no. 91582, is an orange powder said to contain 60-70 percent colored cheese blend, 10-15 percent whey powder, 5-10 percent monosodium glutamate and onion powder, 1-5 percent salt, cheese flavor, modified cheddar cheese enzyme, and garlic powder, 0.5-1 percent citric acid, and less than one percent each of calcium silicate, vegetable oil, disodium inosinate and disodium guanylate, lactic acid, and sour cream flavor. Parmesan Seasoning, no. 91588, is a beige powder with green flakes, consisting of 30-40 percent parmesan cheese, 10-15 percent whey powder, 5-10 percent dextrin, parmesan cheese flavor, monosodium glutamate, and salt, 1-5 percent spray dried butter, dextrose, onion powder, buttermilk powder, garlic powder, cheese blend, and cream flavor. 0.5-1 percent parsley, silicon dioxide, and sodium diacetate, and less than one percent each of lactic acid, butter flavor, disodium inosinate and disodium guanylate, ground cayenne pepper, garlic flavor, black pepper oleoresin, and ground paprika. 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. The exceptions are the sodium diacetate from the United Kingdom, the disodium inosinate and disodium guanylate from Japan, the ground cayenne pepper, and the black pepper oleoresin from India. 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 6.8 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 free 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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