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NY F88708




June 29, 2000

CLA-2-21:RR:NC:2:228 F88708

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Ms. Joan McKnight
La Cie McCormick Canada Co.
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 June 14, 2000 you requested a ruling on the status of a sauce preparation from Canada under the NAFTA.

A sample and ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Product no. 95698, Chalet Sauce Mix, is an orange-colored powder containing scattered green particles. It is said to be composed of salt, tomato powder, starch, chicken fat, paprika, ground sage, cinnamon, ground cloves, ground celery seed, dextrose, onion powder, thyme, bay leaf, parsley flakes, ground red pepper, chili pepper, ground oregano, ground cumin, and garlic powder. The product will be sold to food service customers, who will mix the powder with water, heat, and serve as a dipping sauce.

Several of the ingredients used to make the mix are products of non-NAFTA countries. The tomato powder and thyme are products of Spain. The sage, bay leaf, and oregano are products of Turkey. The celery seed and red pepper are products of India. The cinnamon is from Indonesia. The cloves may be from Brazil or Madagascar, and the cumin may be from Turkey or Iran. In Canada, all ingredients are blended in accordance with a formula, and packed in pouches.

The applicable tariff provision for this product will be 2103.90.9060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sauces and preparations thereforotherotherother. The general rate of duty will be 6.4 percent ad valorem.

Each of the non-originating materials used to make the sauce mix have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/7. The Chalet Sauce Mix, product no. 95698, 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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