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NY C83507




January 28, 1998

CLA-2-21:RR:NC:2:228 C83507

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000

Mr. J. Frank McCormack
McCormick Canada Inc.
3340 Orlando Dr.
Mississauga, Ontario L4V 1C7 Canada

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

Dear Mr. McCormack:

In your letter dated January 16, 1998 you requested a ruling on the status of seasonings from Canada under the NAFTA.

Samples and ingredients breakdowns for three products accompanied your letter. The samples were examined and disposed of. Product no. 91589, Dill Pickle Seasoning Reduced Salt (Dill Pickle Chip Seasoning) is a white powder with small green particles, composed of whey powder, monosodium glutamate, sodium diacetate, lactose, salt, sugar (10 percent or less), garlic powder, citric acid, dill oil, vegetable oil, whole dill weed, vinegar flavor, silicon dioxide, parsley, dill flavor, ground dill, cucumber flavor, clove oil, and black pepper oleoresin. BBQ Seasoning, product no. 91592, is a red/orange powder consisting of dextrose, torula yeast, hydrolyzed plant protein, ground paprika, salt, wheat flour, sugar (5 percent or less), citric acid, monosodium glutamate, paprika oleoresin, garlic powder, ground chili pepper, ground cayenne pepper, ground black pepper, silicon dioxide, smoke flavor, vegetable oil, onion flavor, ground paprika, and onion oleoresin. Product no. 91590, Sour Cream & Onion Seasoning, is a white powder with green particles, made from dextrose, whey powder, buttermilk powder, salt, monosodium glutamate, sour cream powder, onion powder, sodium diacetate, dried shortening, cream flavor, parsley, salt, sour cream flavor, silicon dioxide, vegetable oil, citric acid, garlic powder, onion powder, onion flavor, black pepper oleoresin, onion oleoresin, and green onion flavor.

Five of the ingredients in the Dill Pickle Seasoning Reduced Salt (ground dill, sodium diacetate, sugar, clove oil, and black pepper oleoresin) are products of non-NAFTA countries. Seven ingredients in the BBQ Seasoning (ground paprika, ground cayenne pepper, black pepper, torula yeast, sugar, paprika oleoresin, and onion oleoresin) are of non-NAFTA origin. Three ingredients in the Sour Cream & Onion Seasoning (sodium diacetate, black pepper oleoresin, and onion oleoresin) are from non-NAFTA countries. In Canada, the ingredients for each product are mixed together until they reach a consistent blend, and packaged in 50-pound bags. The seasonings will be used to coat snack foods such as potato chips or tortilla chips.

The applicable tariff provision for these three seasonings will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for mixed condiments and mixed seasonings...other...other. The general rate of duty will be 6.8 percent ad valorem.

Each of the non-originating materials used to make the Dill Pickle Seasoning Reduced Salt, product no. 91589, and the Sour Cream & Onion Seasoning, product no. 91590 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/7. These two products will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The BBQ Seasoning, product no. 91592, does not qualify for preferential treatment under the NAFTA because one of the non-originating materials used in the production of the good, torula yeast, will not undergo the change in tariff classification required by General Note 12(t)/21/7, HTSUSA.

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.
Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229.

Sincerely,

Robert B. Swierupski
Director,

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