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NY C84244




February 26, 1998

CLA-2-21:RR:NC:2:228 C84244

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 February 4, 1998, you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

A sample and ingredients breakdown accompanied your letter. The sample was examined and disposed of. The Basic Sour Cream & Onion Seasoning, product no. 91526, is a cream-colored powder with green flakes said to contain spray dried shortening, dextrin, sour cream powder, wheat flour, onion powder, dextrose, salt, monosodium glutamate, parsley, citric acid, silicon dioxide, sour cream flavor, lactic acid, vegetable oil, onion flavor, black pepper oleoresin, onion oleoresin. The product will be used as an ingredient to flavor snacks such as potato chips or tortilla chips.

The majority of the ingredients are products of either Canada or the United States. The exceptions are the black pepper oleoresin from India, and the onion oleoresin from England. 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.

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 seasoning 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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