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NY G82289




September 22, 2000

CLA-2-21:RR:NC:2:228 G82289

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9060

Mr. David Stockwell
Frank R. Stockwell Limited
1608 the Queensway Suite 272
Toronto, Ontario Canada M8Z 1W9

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

Dear Mr. Stockwell:

In your letter dated September 13, 2000, on behalf of Wild Flavors, Inc., you requested a ruling on the status of a gravy mix from Canada under the NAFTA.

A sample and ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Turkey Gravy Mix no. 7934F is a tan-colored powder whose principle ingredients are maltodextrin, salt, chicken fat, modified corn starch, modified tapioca, xanthan gum, autolyzed yeast extract, sugar, tomato powder, onion powder, dextrose, garlic powder, flavors, silicon dioxide, and spice. Other ingredients, at less than one percent each, include cooked chicken, color, vegetable oil, beef extract, chicken stock, turkey broth powder, butterfat, and “I & G” (disodium inosinate and disodium guanylate).

All but two of the ingredients – tomato powder and I & G – are products of the United States or Canada. The tomato powder is a product of Spain and the I & G is a product of Korea. In Canada, all ingredients are mixed according to a formula and packaged for sale to restaurants, who will combine the powder with water and meat drippings, boil, and serve with turkey dinners.

The applicable tariff provision for the Turkey Gravy Mix no. 7934F will be 2103.90.9060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sauces and preparations thereforotherother. The general rate of duty will be 6.4 percent ad valorem.

Each of the non-originating materials used to make the turkey gravy mix has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7. The Turkey Gravy Mix no. 7934F 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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