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March 24, 1999

CLA-2-21:RR:NC:2:228 D88517

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Ms. Joan McKnight
McCormick Canada Inc.
3340 Orlando Drive
Mississauga, Ontario
Canada L4V 1C7

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

Dear Ms. McKnight:

In your letter dated January 26, 1999, you requested a ruling on the status of sauce preparation from Canada under the NAFTA.

An ingredients breakdown was submitted with your letter. New York Style Chalet Sauce With Tomato 91001 is composed of between 30-40 percent modified corn starch, 20-30 percent tomato, 15-20 percent each of salt and chicken fat, 1-5 percent each of paprika and dextrose, 0.5-1 percent each of thyme and chili pepper, and less than one percent each of parsley, sage, cinnamon, clove, bay leaf, cayenne pepper, cumin, oregano, celery, onion powder and garlic powder. The product will be packed in 5 pound bags, and sold to restaurants where it will be mixed with water to make a dipping sauce.

All but nine of the ingredients used to make the New York Style Chalet Sauce With Tomato 91001 are products of NAFTA countries. The tomato and thyme are from Spain, chili pepper and celery from India, bay leaf and oregano from Turkey, cumin from Turkey or Iran, cinnamon from Indonesia, and clove from Madascar or Brazil.

The applicable tariff provision for the New York Style Chalet Sauce With Tomato 91001 will be 2103.90.9060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sauces and preparations therefor...other...other ...other. The general rate of duty will be 6.6 percent ad valorem.

The non-originating materials used to make the New York Style Chalet Sauce With Tomato 91001 have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7. The product 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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