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NY C87613




May 15, 1998

CLA-2-21:RR:NC:2:228 C87613

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000

Mr. J. Frank McCormac
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. McCormac:

In your letter dated May 7, 1998 you requested a ruling on the status of a seasoning from Canada under the NAFTA.

A sample and ingredients breakdown accompanied your letter. The sample was examined and disposed of. BBQ Seasoning, product no. 91607, is a bright orange powder composed of dextrose, torula yeast, hydrolyzed plant protein, wheat flour, ground paprika, salt, sugar (less than 10 percent), citric acid, monosodium glutamate, garlic powder, paprika oleoresin, ground chili pepper, ground cayenne pepper, silicon dioxide, ground black pepper, smoke flavor, vegetable oil, onion flavor, and onion oleoresin. Seven of the ingredients (torula yeast, ground Spanish paprika, sugar, paprika oleoresin, ground cayenne pepper, ground black pepper, and onion oleoresin) are products of non-NAFTA countries. In Canada, all ingredients are mixed together according to the product formula, and packed into 50-pound bags. The finished seasoning is sold to customers who use it to coat snack foods such as potato chips or corn chips.

The applicable tariff provision for the BBQ Seasoning, product no. 91607, 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 seasoning has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7, or meets the requirements of HTSUSA General Note 12(f). The BBQ Seasoning, product no. 91607, 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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