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NY M80062




February 8, 2006

CLA-2-21:RR:NC:N2:228 M80062

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.8000; 7013.39.2000

Ms. Sandra Ellis
Gourmet du Village
539 Village
Morin Heights, Qc Canada J0R 1H0

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

Dear Ms. Ellis:

In your letters dated January 3, 2006 and January 12, 2006 you requested a ruling on the status of seasonings from Canada under the NAFTA.

A sample and additional information was provided with your second letter. Spicy Sea Salt is composed of 90 percent sea salt, and 10 percent herbs, spices, garlic, onion, parsley, and vegetable oil. Provencal Sea Salt is composed of 95.5 percent sea salt, and 4.5 percent herbs, spices, garlic, vegetable oil, and lavender. Tuscan Sea Salt contains 95.25 percent sea salt, and 4.75 percent herbs, spices, garlic, and vegetable oil. The seasonings are imported put up in a small glass storage article with a capacity of approximately 285 grams and a height of approximately 4.5 inches. You state that the value of the glass storage article is not over three dollars. The salt is a product of Israel, the herbs, spices, and other flavorings are from several non-specified countries, and the glass storage article is a product of China. The ingredients are blended and packed in Canada.

The applicable tariff provision for the Spicy Sea Salt, Provencal Sea Salt, and Tuscan Sea Salt will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mixed condiments and mixed seasoningsother. The general rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the glass storage article will be 7013.39.2000, HTSUS, which provides for glassware of a kind used for table (other than drinking glasses) or kitchen purposes other than that of glass-ceramics otherothervalued not over three dollars each. The rate of duty will be 22.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. ยง 1202) states, in pertinent part, that

For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if--

(i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or

(ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that--

(A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, or

(B) the goods otherwise satisfy the applicable requirements of subdivisions (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note; or

Based on the facts provided, the Spicy Sea Salt, Provencal Sea Salt, and Tuscan Sea Salt described above qualify for NAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 12(b)(ii)(A) and 12(t)/21.7A(B). These goods will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs and Border Protection, 1300 Pennsylvania Ave. N.W., (Mint Annex), Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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