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NY C84256




February 25, 1998

CLA-2-21:RR:NC:2:228 C84256

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 seasonings from Canada; Article 509

Dear Mr. McCormac:

In your letter dated February 4, 1998, you requested a ruling on the status of seasonings from Canada under the NAFTA.

Two samples and ingredients breakdowns accompanied your letter. The samples were examined and disposed of. Garlic Dip Seasoning, product number 94345, is an off-white colored fine powder with visible dehydrated garlic pieces, consisting of dextrose, salt, garlic powder, monosodium glutamate, minced garlic, whey powder, hydrolyzed plant protein, onion powder, lemon juice powder, garlic flavor, and calcium silicate. Herb and Spice Dip Seasoning, product number 94344, is a light orange colored fine powder with visible spices, containing dextrose, salt, monosodium glutamate, ground black pepper, onion powder, garlic powder, hydrolyzed plant protein, lemon juice powder, oregano, basil, green bell pepper flavor, paprika, thyme, parsley, rosemary, marjoram, savory, celery, sage, soya bean oil, white pepper, and silicon dioxide. In Canada, the ingredients are mixed into a consistent blend, and packaged into 50 pound bags. Both products will be mixed with sour cream, repackaged, and sold as snack or vegetable dips.

All of the ingredients in the Garlic Dip Seasoning, and the majority of the ingredients in the Herb and Spice Dip Seasoning, are products of either Canada or the United States. The exceptions are the ground black pepper form India or Indonesia, the oregano and sage from Turkey, basil from France or Spain, thyme from Egypt, rosemary from Spain, marjoram from Egypt or France, savory from France, celery from India, and white pepper from India.

The applicable subheading for the 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 Garlic Dip Seasoning, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Each of the non-originating materials used to make the Herb and Spice Dip Seasoning 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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