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NY I80775




May 2, 2002

CLA-2-21:RR:NC:2:228 I80775

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000

Ms Susan Legacy
McCormick Canada Co.,
3340 Orlando Drive
Mississauga, Ontario L4V 1C7 Canada

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

Dear Ms Legacy:

In your letter dated March 18, 2002 you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

A sample and ingredients breakdown accompanied your letter. The sample was examined and disposed of. Product no. 91858 USA Simulated Salt & Vinegar Seasoning is a white powder, said to be composed of 40-50 percent sodium diacetate, 30-40 percent lactose, 5-10 percent each of spray dried shortening and salt, 1-5 percent malic acid, and less than one percent each of calcium stearate, hydrogenated vegetable oil, and silicon dioxide. All ingredients are products of the United States and Canada. In Canada, the ingredients are blended to the desired consistency, and sold to potato chip manufacturers, who will apply the seasoning to the surface of pre-salted chips.

The applicable tariff provision for this product will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for mixed condiments and mixed seasoningsother. The general rate of duty will be 6.4 percent ad valorem.

The seasoning, being wholly obtained or produced entirely in the territory of Canada and the United States, 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.

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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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