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NY C86454




April 30, 1998

CLA-2-21:RR:NC:2:228 C86454

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400, 2103.90.7800, 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 April 13, 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. The Rib Sauce Seasoning 96483 is a brown powder composed of 60-80 percent sugar, 20-40 percent chili pepper, 1-10 percent each of salt, onion powder, cayenne pepper, cumin, smoke flavor, and less than one percent each of oregano, garlic powder, sugar, hydrolyzed plant protein, citric acid, caramel color, dehydrated onion, paprika, calcium silicate, dextrose, granulated garlic, ginger oleoresin, orange oil, celery oleo, cardamon oil, silicon dioxide, black pepper oleoresin, oleo mombassa chili, soya bean oil, and paprika oleoresin. USA BBQ Sauce Chip Seasoning 91571 is an orange powder made from 40-50 percent sugar, 5-10 percent salt, dehydrated tomato, fructose, dextrose, sodium diacetate, maltodextrin, 1-5 percent onion powder, paprika, and silicon dioxide, one percent or less each of citric acid, oleo paprika, caramel color, hydrolyzed plant protein, lemon juice powder, tomato flavor, cinnamon, clove, black pepper, soya bean oil, allspice, cayenne pepper, and dehydrated onion, less than one percent each of calcium silicate, smoke flavor, granulated garlic, ginger oleoresin, orange oil, celery oleo, paprika, black pepper oleoresin, oleo mombassa chili, cardamon oil, silicon dioxide, and paprika oleoresin. Mesquite BBQ Seasoning 91435 is an orange powder consisting of 20-40 percent salt, 19.6 percent yeast torula, 10-20 percent fructose, 1-10 percent each of sugar, dextrose, dehydrated tomato, wheat flour, mesquite flavor, garlic powder, paprika malt powder, onion powder, citric acid, chicken flavor, cayenne pepper, calcium silicate, chili pepper, paprika oleoresin, and smoke flavor, and less than one percent each of onion flavor, garlic flavor, black pepper, smoke flavor, onion oleoresin, and silicon dioxide. The products will be used as ingredients to flavor snacks such as potato chips or corn tortilla chips.

The majority of the ingredients for the three seasonings are products of either Canada or the United States. The exceptions are black pepper, ginger oleoresin, celery oleoresin, black pepper oleoresin, capsicum oleoresin, and red pepper from India, tomato powder and paprika from Spain, sodium diacetate and onion oleoresin from the United Kingdom, oregano and cumin from turkey, clove from Madagascar or Brazil, cinnamon from China, allspice from Jamaica, black pepper from Indonesia, cardamon oil from Guatemala, paprika oleoresin from Morocco, cumin from Iran, torula yeast from Switzerland, and sugar from Australia, Costa Rica, Guatemala or South Africa. In Canada, the ingredients are mixed into a consistent blend, and packaged into 50 pound bags.

The applicable subheading for the Rib Sauce Seasoning 96483, and the USA BBQ Sauce Chip Seasoning 91571 if imported in quantities that fall within the limits described in additional U.S. note 4 to chapter 21, will be 2103.90.7400, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings described in additional U.S. note 3 to this chapter...described in additional U.S. note 4 to this chapter and entered pursuant to its provisions. The rate of duty will be 7.5 percent ad valorem. If the quantitative limits of additional U.S. note 4 to chapter 21 have been reached, the product will be classified in subheading 2103.90.7800 HTS, and dutiable at the rate of 32.3 cents per kilogram plus 6.8 percent ad valorem.

The applicable subheading for the Mesquite BBQ Seasoning 91435 will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings...other... other...other. The general rate of duty will be 6.8 percent ad valorem.

Each of the non-originating materials used to make the Rib Sauce Seasoning 96483 and the USA BBQ Sauce Chip Seasoning 91571, have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/7. The seasonings, when classified in 2103.90.7400, will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The Mesquite BBQ Seasoning 91435 does not qualify for preferential treatment under the NAFTA because one of the non-originating materials used in the production of the goods, the torula yeast, will not undergo the change in tariff classification required by HTSUSA General Note 12(t)/21/7 and does not meet the requirements of General Note 12(f).

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, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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