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April 15, 1999

CLA-2-20:RR:NC:2:228 D89866

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9700, 2103.90.8000, 2103.90.9060, 2106.90.6400, 2106.90.6600, 2106.90.9998

Mr. David Stockwell
Frank R. Stockwell Limited
1608 The Queensway
Toronto Ontario, M8Z 1W9

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

Dear Mr. Stockwell:

In your letter dated March 23, 1999, on behalf of Wild Flavours Inc., you requested a ruling on the status of a seasoning and food ingredients from Canada under the NAFTA.

The samples submitted with your letter were examined and disposed of. Garden Grilled Pepper Seasoning 2928 is an orange colored powder with green and red flecks containing 30 percent salt, 20 percent maltodextrin, 15 percent onion powder, 8 percent each of dried yeast and dehydrated red and green bell peppers, and less than 5 percent each of garlic powder, natural and artificial flavor, natural smoke flavor, autolyzed yeast, spice, vegetable oil, and silicon dioxide. Dehydrated Vegetable Flake and Seasoning Blend 2924 is an off-white powder with very small green and red pieces of vegetables. It consists of 55 percent dehydrated carrots, 11 percent dehydrated onions, 8 percent dextrose, 7 percent dehydrated celery leaves, 6 percent salt, and less than 5 percent each of cornstarch, dehydrated tomatoes, red and green bell peppers, hydrolyzed plant protein, onion powder, autolyzed yeast, autolyzed yeast extract, spice, natural flavor, citric acid, and calcium silicate. Nacho Cheese Seasoning CX-2682 is an orange powder made from 29 percent “modified milk ingredients”, 23 percent salt, 9 percent each of cheddar cheese and hydrogenated soybean oil, and less than 5 percent each of natural flavor, monosodium glutamate, sugar, ground spices, tomato powder, silicon dioxide, onion powder, spice extractives, vegetable oil, citric acid, garlic powder, disodium phosphate, lactic acid, sodium citrate, disodium inosinate and disodium guanylate and BHT. Cheese Sauce Mix 6312 is a light orange colored powder consisting of 76 percent “modified milk ingredients”, 12 percent enriched wheat flour, 5 percent salt, and less than 5 percent each of modified food starch, hydrogenated soybean oil, cheddar cheese, natural and artificial flavor, artificial color, sodium citrate, disodium phosphate, lactic acid, silicon dioxide, soybean oil, citric acid, disodium inosinate, disodium guanylate and BHT. Swiss Cheese Seasoning 6240 is a fine white powder composed of 50 percent “modified milk ingredients”, 12 percent swiss cheese powder, 11 percent hydrogenated soybean oil, 9 percent natural and artificial flavor, 7 percent salt and less than 5 percent modified food starch, silicon dioxide, disodium phosphate, monosodium glutamate and lactic acid.

Garden Grilled Pepper Seasoning 2928, Dehydrated Vegetable Flake and Seasoning Blend 2924 and Swiss Cheese Seasoning 6240 are used in the manufacture of crackers. The food ingredients are added to the dough before baking. The Nacho Cheese Seasoning CX-2682 is used to coat the surface of tortilla chips. The Cheese Sauce Mix 6312 will be mixed with butter and milk and added to cooked macaroni.

The majority of the ingredients are products of the United States and Canada. The exceptions are the dehydrated celery leaves and disodium phosphate from Germany, monosodium glutamate from Korea, tomato powder from Spain, cheddar cheese from New Zealand, dehydrated carrots from Poland, dehydrated tomatoes and green bell peppers from China, and dehydrated red bell peppers from Turkey.

The applicable subheading for the Dehydrated Vegetable Flake and Seasoning Blend 2924 will be 2005.90.9700, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006...other vegetables and mixtures of vegetables...other... other. The rate of duty will be 12.2 percent.

Each of the non-originating materials used to make the Dehydrated Vegetable Flake and Seasoning Blend 2924 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/20/1. It will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The applicable subheading for the Nacho Cheese Seasoning CX-2682 will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings...other...other. The general rate of duty will be 6.6 percent ad valorem.

Each of the non-originating materials used to make the Nacho Cheese Seasoning CX-2682 have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/7. The article will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The applicable tariff provision for the Cheese Sauce Mix 6312 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 Cheese Sauce Mix 6312 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.

The applicable subheading for the Swiss Cheese Seasoning 6240, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2106.90.6400, HTS, which provides for food preparations not elsewhere specified or included...other...other, containing over 10 percent by weight of milk solids...other, dairy products described in additional U.S. note 1 to chapter 4...described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the products will be classified in subheading 2106.90.6600, HTS, and dutiable at 72.5 cents per kilogram plus 8.8 percent ad valorem.

Each of the non-originating materials used to make the Swiss Cheese Seasoning 6240 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/12. The article will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The applicable tariff provision for the Garden Grilled Pepper Seasoning 2928 will be 2106.90.9998, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations not elsewhere specified or included...other...other ...other. The general rate of duty will be 7 percent ad valorem.

The Garden Grilled Pepper Seasoning 2928, classified in subheading 2106.90.9998 HTS, being wholly obtained or produced entirely in the territory of Canada and the United States, 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.

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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See also:

• Tariff No.: 2005.90.97 - Vegetables nesoi,& mixtures of vegetables,prepared or preserved otherwise than by vinegar or acetic acid, not frozen, not preserved by sugar
• Tariff No.: 2103.90.80 - Mixed condiments and mixed seasonings, not described in add US note 3 to Ch. 21
• Tariff No.: 2103.90.90 - Sauces and preparations therefor, neosi
• Tariff No.: 2106.90.64 - Food preps, nesoi, o/10% by wt of milk solids, dairy prods, descr. in add US note 1 to Ch.4: subject to add US note 10 to Ch.4, not GN15
• Tariff No.: 2106.90.66 - Food preps, nesoi, o/10% by wt of milk solids, dairy prods, descr. in add US note 1 to Ch.4: not subject to Ch4 US note 10, not GN15
• Tariff No.: 2106.90.99 - Food preparations not elsewhere specified or included, not canned or frozen