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

NY H80877 May 25, 2001 CLA-2-21:RR:NC:2:228 H80877 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 letter dated May 2, 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. Hot & Spicy Seasoning 91791, is a bright orange powder consisting of 28 percent sugar, 20-30 percent maltodextrin, 10-15 percent salt, 5-10 percent monosodium glutamate, 6.67 percent torula yeast, 1-5 percent each of ground Spanish paprika, hydrolyzed soy protein, hydrolyzed soy and corn gluten protein, yeast extract, onion powder, garlic powder, and toasted onion powder, 0.5-1 percent each of cayenne pepper, oleoresin paprika, caramel color, black pepper, tricalcium phosphate, and disodium inosinate and disodium guanylate, and less than one percent each of soybean oil, oleoresin red pepper onion flavor, oleoresin black pepper, ground American paprika and onion extractives. The majority of the ingredients for the seasoning are products of either Canada or the United States. The exceptions are sugar, which may originate in any of fifteen non-NAFTA countries, torula yeast from Switzerland, paprika from Spain, black pepper and red pepper from India, disodium inosinate and disodium guanylate from Japan, and onion flavor from England. In Canada, the ingredients are mixed and packed for industrial use as a seasoning, which will be applied to pre-salted kettle potato chips. 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 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. Each of the non-originating materials used to make the seasoning has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21/7 or meets the requirements of HTSUSA General Note 12(f). The article, when classified in subheading 2103.90.7400, 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