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April 23, 1999

CLA-2-20:RR:NC:2:228 E80369

CATEGORY: CLASSIFICATION

TARIFF NO.: 2005.90.9700; 2103.90.8000; 2103.90.9060; 2106.90.9998

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

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

Dear Mr. Stockwell:

In your letter dated March 29, 1999, on behalf of Wild Flavours, Inc., you requested a ruling on the status of food products from Canada under the NAFTA.

Five samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. Herb and Garlic Seasoning 2358 is an off-white powder containing many small green particles, composed of 27 percent each of onion powder, garlic powder, and parsley flakes, less than 10 percent each of spices and salt, and less than one percent natural flavor. Taco Seasoning 6511 is an orange powder composed of 29 percent “modified milk ingredients,” 17 percent salt, 11 percent ground spice, 10 percent cheddar cheese, less than 10 percent each of sugar, onion powder, dextrose, tomato powder, and hydrogenated soybean oil, less than 5 percent sodium diacetate, less than 2 percent each of natural flavor, garlic powder, and modified corn starch, and less than one percent each of spice extractives, citric acid, disodium phosphate, and sodium citrate. Cheese Sauce Mix CX-1320 is a pale orange powder consisting of 63 percent “modified milk ingredients,” 10 percent salt, 9 percent cheddar cheese, 7 percent hydrogenated soybean oil, less than 5 percent modified corn starch, and less than one percent each of lactic acid, natural and artificial flavor, disodium phosphate, artificial color, sodium citrate, citric acid, soybean oil, silicon dioxide, disodium inosinate and disodium guanylate, BHT, and monosodium glutamate. Cracker Seasoning 1581 is a white powder made from 35 percent dextrose, 34 percent salt, 17 percent corn starch, less than 5 percent hydrolyzed plant protein, autolyzed yeast, dehydrated onion, and wheat flour, and less than one percent each of natural flavors, oleoresin tumeric, and silicon dioxide. Beef Booster Seasoning CX-1967, is a gray powder containing 24 percent salt, 20 percent autolyzed yeast extract, 17 percent modified corn starch, 16 percent hydrolyzed plant protein, 12 percent hydrogenated soybean oil, less than 10 percent “modified milk ingredients,” less than 5 percent onion powder, less than two percent each of caramel color, garlic powder, and silicon dioxide, and less than one percent each disodium phosphate, spice extractives, and natural flavor.

The Herb and Garlic Seasoning and the Cracker Seasoning will be used as an ingredient in the manufacture of crackers. Beef Booster Seasoning will be an ingredient in a gravy mix. Taco Seasoning will be used as a surface coating and flavoring on finished potato chips or tortilla chips. The Cheese Sauce Mix will be mixed with milk and butter and added to cooked macaroni.

All ingredients in the Herb and Garlic Seasoning and the Cracker Seasoning are products of the United States or Canada. In the Beef Booster Seasoning, Taco Seasoning, and Cheese Sauce Mix, disodium phosphate is a product of Germany, tomato powder is a product of Spain, sodium diacetate is a product of Great Britain, ground spices may be products of Turkey, and cheddar cheese may be a product of New Zealand. All other ingredients in these three products are products of the United States or Canada.

The applicable tariff provision for the Herb and Garlic Seasoning 2358, will be 2005.90.9700, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen,...other vegetables and mixtures of vegetables...other. The general rate of duty will be 12.2 percent ad valorem.

The applicable subheading for the Taco Seasoning 6511 will be 2103.90.8000, HTSUSA, which provides for mixed condiments and mixed seasonings...other...other. The general rate of duty will be 6.6 percent ad valorem. The applicable subheading for the Cheese Sauce Mix CX-1320 will be 2103.90.9060, HTSUSA, which provides for sauces and preparations therefor...other...other. The general rate of duty will be 6.6 percent ad valorem.

The applicable subheading for the Cracker Seasoning 1581 and the Beef Booster Seasoning CX-1967 will be 2106.90.9998, 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 Herb and Garlic Seasoning 2358 and the Cracker Seasoning 1581, being wholly obtained or produced entirely in the territory of the United States and Canada, 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.

Each of the non-originating materials used to make the Taco Seasoning 6511 and the Cheese Sauce Mix CX-1320, has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7. These two products will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Each of the non-originating materials used to make the Beef Booster Seasoning CX-1967, has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.14. This 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,

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