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NY I89129




December 20, 2002

CLA-2-21:RR:NC:2:228 I89129

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400; 2103.90.7800

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

Dear Ms. Legacy:

In your letter dated December 12, 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. 78665, Montana’s Herb Chicken Seasoning, is a green-colored powder containing a considerable number of vegetable and plant particles. The product is said to be composed of 30-40 percent each of sugar and salt, 10-15 percent rosemary, 5-10 percent each of sea salt and garlic powder, 1-5 percent each of potato starch, basil, thyme and marjoram, and one percent or less, each, of minced garlic, calcium silicate, and oil.

Six of the ingredients are products of non-NAFTA countries. The rosemary is a product of France, basil and marjoram are products of Egypt, thyme is a good of Spain, rosemary oil is a good of Morocco, and the sugar may originate in any of 15 non-NAFTA countries. In Canada, all ingredients are blended according to the prescribed formula and sold to food processors, who will apply it to the surface of chicken.

The applicable subheading for the seasoning, if 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 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 rates of duty will be unchanged in 2003.

Each of the non-originating materials used to make the seasoning have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.7. The seasoning, when classified in subheading 2103.90.7400, 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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