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NY F82154




February 2, 2000

CLA-2-21:RR:NC:2:228 F82154

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400; 2103.90.7800

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 a marinade from Canada; Article 509

Dear Mr. Stockwell:

In your letter dated January 13, 2000, on behalf of Wild Flavours, Inc., Mississauga, Ontario, Canada, you requested a ruling on the status of a marinade from Canada under the NAFTA.

A sample and ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Hot and Spicy Marinade #6346 is an orange-colored powder composed of salt, dextrose, sugar (over 10 percent, by dry weight), sodium diacetate, maltodextrin, sodium phosphate, onion powder, tomato powder, monosodium glutamate, garlic powder, silicon dioxide, flavor, color, dehydrated shrimp, codfish powder, shrimp extract, gelatin, disodium inosinate, clam broth, autolyzed yeast extract, hydrolyzed soy protein, and herring extract. Four of the ingredients (sodium diacetate, sodium phosphate, tomato powder, and monosodium glutamate) are products of non-NAFTA countries. In Canada, all ingredients are blended together according to a formula, and packed for sale to restaurant supply wholesalers, for use by restaurants as a marinade for shrimp recipes.

The applicable subheading for the marinade, 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 general 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 30.5 cents per kilogram plus 6.4 percent ad valorem.

Each of the non-originating materials used to make the marinade has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/7. The marinade, when classified in subheading 2103.90.7400, HTS, 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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