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NY I87786




October 30, 2002

CLA-2-21:RR:NC:2:228 I87786

CATEGORY: CLASSIFICATION

TARIFF NO.: 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. Product no. 91891 R1279 Sour Cream & Onion Seasoning is a beige colored powder with green specks. It consists of 20-30 percent each of dextrose and whey powder, 10-15 percent of buttermilk powder 5-10 percent each of salt flour, MSG, and sour cream powder, 1-5 percent each of onion powder, toasted onion powder, citric and/or malic acid, shortening, cream flavor, and parsley, 0.5 - 1 percent each of salt and sour cream, and less than one percent each of silicon dioxide, oil, garlic powder, citric acid, onion powder, onion flavor, black pepper oleoresin, onion oleoresin, green onion flavor, and silicon dioxide. The majority of the ingredients are products of the United States and Canada. The exceptions are the onion powder from Germany, buttermilk powder from New Zealand, onion oleoresin from the Netherlands, and black pepper oleoresin from India. In Canada, the ingredients are mixed and packed for industrial use as seasoning applied to pre-salted potato chips.

The applicable subheading for the seasoning will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for mixed condiments and mixed seasoningsotherother. 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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