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

NY H82900 July 11, 2001 CLA-2-21:RR:NC:2:228 H82900 CATEGORY: Classification TARIFF NO.: 2103.90.7400, 2103.90.7800 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 letters dated May 15, 2001 and June 18, 2001, you requested a ruling on the status of a snack seasoning from Canada under the NAFTA. A sample was submitted with your first letter and an ingredients breakdown accompanied your second letter. The sample was examined and disposed of. Product no.91779 Cajun Creole Seasoning is an orange colored powder consisting of 40-50 percent dextrin, 14 percent sugar, 5-10 percent each of tomato powder, salt, monosodium glutamate, and chili pepper, 1-5 percent each of hydrolyzed soy protein, onion powder, garlic powder, and black pepper, and one percent or less each of: oregano, tomato flavor, calcium silicate, cumin, citric acid, thyme, basil, oleoresin paprika, partially hydrogenated soybean oil, smoke flavor, capsicum flavor, soybean oil, celery flavor, disodium inosinate, disodium guanylate, oleoresin red pepper, and green bell pepper flavor. All but nine of the ingredients for the seasoning are products of the United States or Canada. The non-originating ingredients are red pepper oleoresin from India, black pepper from India or Indonesia, cumin and oregano from Turkey, basil from Egypt, thyme and tomato powder from Spain, 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 potato chips. The applicable subheading for the seasoning, when 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 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, 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