The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a snack seasoning from Canada; Article 509

NY H82193 June 25, 2001 CLA-2-21:RR:NC:2:228 H82193 CATEGORY: Classification TARIFF NO.: 2103.90.7400, 2103.90.7800, 2103.90.8000 Ms. Joan McKnight La CIE McCormick Canada Co. 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. McKnight: In your letter dated May 24, 2001 you requested a ruling on the status of a snack seasoning from Canada under the NAFTA. A sample and an ingredients breakdown accompanied your letter. The sample was examined and disposed of. Product no.91789 Green Onion Seasoning, is a tan colored powder consisting of 20-30 percent dextrose, 15-20 percent onion powder, 10-15 percent each of sugar and whey powder, 5-10 percent each of hydrolyzed plant protein, fructose, and toasted onion powder, 1-5 percent each of maltodextrin, torula yeast, salt, fried onion flavor, malic acid Romano cheese powder and garlic powder, and 1 percent or less of Romano cheese flavor, salt, parsley, calcium silicate, hydrogenated vegetable oil, disodium inosinate and disodium guanylate, onion flavor, black pepper oleoresin, onion oleoresin, and silicon dioxide. All but four of the ingredients for the seasoning are products of either Canada or the United States. The exceptions are the onion oleoresin from England, the black pepper oleoresin from India, disodium inosinate and disodium guanylate from Japan, and the sugar that may originate from any of 15 non-NAFTA countries. In Canada, the ingredients are mixed and packed for industrial use as a seasoning, applied to pre-salted potato chips. The applicable subheading for the seasoning, when containing over 10 percent 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 subheading for the seasoning, when containing not over 10 percent sugar, will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasonings(other(other( other. The duty rate will be 6.4 percent ad valorem. The non-originating materials used to make the seasoning have satisfied the change in tariff classification required under HTSUSA General Note 12(t)/21/7. The article, when classified in subheading 2103.90.7400 or 2103.90.8000, 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 212-637-7065. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division