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NY C84673




February 20, 1998

CLA-2-21:RR:NC:2:228 C84673

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000

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

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

Dear Mr. McCormack:

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

A sample and ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Ranch Style Seasoning, identified on the specification sheet and ingredients breakdown as product no. 91580, is a yellow/orange powder containing small green flakes. The stated ingredients are buttermilk powder, whey powder, salt, dextrose, monosodium glutamate, sour cream powder, sugar (10 percent or less), onion powder, garlic powder, buttermilk flavor, cheddar cheese flavor, silicon dioxide, malic acid, celery flavor, parsley, annatto color, sour cream flavor, butter flavor, ground black pepper, ground cayenne pepper, black pepper flavor, dill flavor, ground white pepper, garlic flavor, paprika oleoresin, green bell pepper flavor, onion flavor, and ground paprika.

Five of the ingredients (sugar, ground black pepper, ground cayenne pepper, ground white pepper, and paprika oleoresin) are from non-NAFTA countries. In Canada, all ingredients are mixed together and packed in 50-pound bags. The seasoning is sold to customers for use as a surface coating/flavoring for snack foods such as potato chips and tortilla chips.

The applicable subheading for this product will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated, 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 seasoning has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/7. The Ranch Style Seasoning, no. 91580, 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,

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