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NY I82352




June 11, 2002

CLA-2-21:RR:NC:2:228 I82352

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. Correction to Customs Ruling No. NY I81794

Dear Ms. Legacy:

This ruling is being issued to correct Customs Ruling No. NY I81794, dated May 22, 2002. The ruling letter, at page 1, paragraph 5, did not provide the full citation for the provision under which the product was entitled to a free rate of duty under the NAFTA. A complete corrected ruling follows.

In your letter dated April 29, 2002 you requested a ruling on the status of a seasoning from Canada under the NAFTA.

A sample and ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Product no. 91859 Safeway Sour Cream & Onion Seasoning is a white powder with scattered green particles said to be composed of 20-30 percent whey powder, 15-20 percent spray dried shortening, 10-15 percent each of dextrose and cream powder, 5-10 percent each of buttermilk powder and salt, 1-5 percent each of monosodium glutamate, sugar, onion powder, sour cream powder, and sodium diacetate, and one percent or less, each, of parsley, sour cream flavor, citric acid, silicon dioxide, hydrogenated vegetable oil, garlic powder, onion powder, onion flavor, onion oleoresin, dill oil, dill oleoresin, green onion flavor, and “limonene” flavor.

All but four of the ingredients are products of the United States, Canada, or Mexico. The buttermilk powder is a product of New Zealand, the onion oleoresin is a good of the Netherlands, the limonene is from Brazil, and the sugar may originate in any of 15 non-NAFTA countries. In Canada, the ingredients are mixed together according to the prescribed formula and packed for sale to snack food manufacturers, for use as an applied flavor to pre-salted potato chips.

The applicable tariff provision for the seasoning 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.

Each of the non-originating materials used to make this seasoning have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7. The seasoning 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,

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