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NY I85497





September 19, 2002

CLA-2-21:RR:NC:2:228 I85497

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Maurice Deslauriers
Norman G. Jensen, Inc.
199 East Orvis Street
Suite #2
Massena, NY 13662

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

Dear Mr. Deslauriers:

In your letter dated August 7, 2002, you requested a ruling on the status of a bread seasoning from Canada under the NAFTA.

A sample and an ingredients breakdown accompanied your letter. A more detailed breakdown was submitted in a facsimile transmission dated September 13, 2002. The sample was examined and disposed of. Bread Seasoning No. 153666, an off-white granular product with green and tan flecks, consists of cheese topping (partially hydrogenated vegetable oil, wheat gluten, parmesan cheese, salt, gluterine, natural flavor and Totopherous), rice meal, salt, oregano, wheat gluten, whey, citric acid, autolyzed yeast, skim milk powder, lactic acid, garlic powder, parmesan cheese flavor, butter flavor, and vegetable oil. The ingredients are blended and packaged in 5-lb plastic food service containers. It is used as an ingredient by bread manufacturers, mixed into the dough prior to baking.

The applicable subheading for the bread seasoning will be 2106.90.9998, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for food preparations not elsewhere specified or includedotherotherother. The general rate of duty will be 6.4 percent ad valorem.

Each of the non-originating materials used to make the product has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.14. The article, when classified in subheading 2106.90.9998, HTS, 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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