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NY N013354




July 3, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2103.90.7400, 2103.90.7800

Ms. Tanis Johnson
Newly Weds Foods Co.
450 Superior Blvd.
Mississauga, Ontario L5T 2R9
Canada

RE: The tariff classification of seasoning from Canada.

Dear Ms. Johnson:

In your letter dated June 20, 2007 you requested a tariff classification ruling.

An ingredients breakdown and a sample were submitted with your request. Preparation instructions were provided with your facsimile transmission. The sample was examined and disposed of. “Chinese – Style roast chx seasoning” is a tan colored powder consisting of approximately 35 percent caramel color, 33 percent salt, 16 percent sugar, 4 percent torula yeast, 2 percent sesame oil, 1 percent, each, of green onion, toasted sesame oil, ground ginger, and cinnamon, and less than one percent, each, of cilantro, ginger oil, dextrose monohydrate, starch, disodium inosinate and disodium guanylate, syloid, garlic flavor, star anise flavor, ground cloves, black pepper, and orange granules. The product is put up in retail-sized packets containing 28.3 grams. It is used as a seasoning for poultry products after it is dissolved in 2 teaspoons of water.

In your letter, you suggested this product should be classified in subheading 2103.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), the provision for mixed condiments and mixed seasoningsother. We do not agree. Based on the product’s composition, it will be classified elsewhere.

The applicable subheading for the “Chinese – Style roast chx 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 (HTSUS), 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.

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/.

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 telephone number (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 177 of the Customs Regulations (19 C.F.R. 177).

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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