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NY I81124




May 10, 2002

CLA-2-21:RR:NC:2:228 I81124

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.9091

Ms. Susan Legacy
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. Legacy:

In your letter dated April 10, 2002 you requested a ruling on the status of a sauce preparation from Canada under the NAFTA.

A sample and an ingredients breakdown was submitted with your letter. The sample was examined and disposed of. Garlic Butter Sauce, product no. 86499, is a pale white or cream colored powder with green particles, consisting of 20-30 percent whey powder, 15-20 percent spray dried butter, 10-15 percent each of modified corn starch and maltodextrin, 5-10 percent each of butter flavor and salt, 1-5 percent each of granulated garlic, enzyme modified romano cheese blend, yeast extract, garlic powder, butter flavor, ground black pepper, and xanthan gum, and one percent or less, each, of blue cheese blend, parsley, citric acid, ground turmeric, and garlic flavor. The ingredients are mixed and packaged for industrial use. The product is reconstituted to a sauce then applied to frozen entrees by the processor.

All but two of the ingredients used to make the sauce preparation are products of NAFTA countries. The ground black pepper and the ground turmeric are products of India.

The applicable tariff provision for the Garlic Butter Sauce, product no. 86499, will be 2103.90.9091, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sauces and preparations therefor otherotherotherother. The general rate of duty will be 6.4 percent ad valorem.

The non-originating materials used to make the sauce preparation 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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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