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NY I87785




November 5, 2002

CLA-2-21:RR:NC:2:228 I87785

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400, 2103.90.7800, 2103.90.8000

Ms. Susan Legacy
La CIE 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 snack seasoning from Canada; Article 509

Dear Ms. Legacy:

In your letter dated October 17, 2002, you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

An ingredients breakdown accompanied your letter. The sample was examined and disposed of. The product, R0916 Sweet Maui Onion Seasoning no. 91893, is a tan colored powder. It consists of 20-30 percent dextrose, 15-20 percent onion powder, 10-15 percent each of whey powder and sugar, 5-10 percent each of hydrolyzed plant protein, fructose, and toasted onion powder, 1-5 percent each of dextrin maltrin, torula yeast, salt, malic acid, fried onion flavor, cheestreme Romano cheese, garlic powder, and one percent or less, each of EMC Romano cheese, salt, calcium silicate, oil, disodium inosinate/disodium guanylate, onion flavor, black pepper oleoresin, onion oleoresin, and silicon dioxide.

The majority of the ingredients for the seasoning are products of either Canada or the United States. The exceptions are the onion powder from Germany, black pepper oleoresin from India, onion oleoresin from the Netherlands, and the sugar, which may originate in any of fifteen non-NAFTA countries. In Canada, the ingredients are blended and packaged for industrial use. The seasoning will be applied to pre-salted potato chips by the snack manufacturer.

The applicable subheading for the R0916 Sweet Maui Onion Seasoning no. 91893, when containing over 10 percent by dry weight of sugar, and imported in quantities that fall within the limits described in additional U.S. note 4 to chapter 21, will be 2103.90.7400, Harmonized Tariff Schedule of the United States (HTS), which provides for mixed condiments and mixed seasonings described in additional U.S. note 3 to this chapter described in additional U.S. note 4 to this chapter and entered pursuant to its provisions. The general rate of duty will be 7.5 percent ad valorem. If the quantitative limits of additional U.S. note 4 to chapter 21 have been reached, the product will be classified in subheading 2103.90.7800, HTS, and dutiable at the rate of 30.5 cents per kilogram plus 6.4 percent ad valorem.

The applicable tariff provision for R0916 Sweet Maui Onion Seasoning no. 91893, when containing 10 percent or less, by dry weight, of cane or beet sugar, will be 2103.90.8000, HTSUSA, which provides for mixed condiments and mixed seasonings... other...other. The general rate of duty will be 6.4 percent ad valorem.

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