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NY G86011




January 16, 2001

CLA-2-21:RR:NC:2:228 G86011

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9090

Ms. Joan McKnight
McCormick Canada Inc.
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 December 21, 2000 you requested a ruling on the status of sauce preparation from Canada under the NAFTA.

A sample and an ingredients breakdown was submitted with your letter. USA Honey BBQ Sauce Dry Mix, product no. 97594, is a brown-colored powder consisting of 30-40 percent sugar, 15-20 percent maltodextrin, 5-10 each of tomato powder, molasses powder, honey powder, brown sugar, and salt, 1-5 percent each of sodium diacetate, smoke flavor, modified corn starch, citric acid, partially hydrogenated soybean and cottonseed oil, and less than one percent each of silicon dioxide, ground paprika, ground chili pepper, onion powder, ground cumin, caramel color, beet powder, ground black pepper, ground mustard seed, and garlic powder. The product is mixed with water to make a dipping sauce. All but five of the ingredients used to make the USA Honey BBQ Sauce Dry Mix 97594 are products of NAFTA countries. The tomato powder is from Spain, the cumin is from Turkey or Iran, ground black pepper is from Indonesia or India, the sodium diacetate is from the United Kingdom, and the sugar may originate in any of fourteen non-NAFTA countries.

The applicable tariff provision for the USA Honey BBQ Sauce Dry Mix 97594 will be 2103.90.9090, 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 6.4 percent ad valorem.

The non-originating materials used to make the USA Honey BBQ Sauce Dry Mix 97594 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.

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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