The tariff classification of a seasoning mix from Canada

N042936 November 24, 2008 CLA-2-21:OT:RR:E:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2103.90.8000 Ms. Tanis Johnson Newly Weds Foods Co. 450 Superior Blvd. Mississauga, Ontario L5T 2R9 Canada RE: The tariff classification of a seasoning mix from Canada Dear Ms. Johnson: In your letters dated August 7, 2008, and October 29, 2008 you requested a tariff classification ruling. An ingredients breakdown accompanied your August letter. Additional ingredient and value information was submitted with your October letter. The product is described as a “tandoori chicken seasoning”, imported in 46-gram packages. It is a dry mix, said to be composed, by weight, of approximately 24 percent, each, of buttermilk powder and cream cheese powder, 10 percent paprika, 8 percent chili, 5 percent, each, of Indian spice mix and garlic powder, 4 percent, each, of salt, Maxarome yeast extract, chicken flavor, and lemon flavor, 3 percent sugar, and one percent, or less, each, of oleo paprika, drying agent, guar gum, lactic acid, calcium lactate, I & G enhancer, black pepper, cayenne pepper, and red color. The mix is combined with oil and water, and added to chicken. The applicable tariff provision for this seasoning mix will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mixed condiments and mixed seasonings…other. The rate of duty will be 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. Your inquiry does not provide enough information for us to comment on the country of origin marking and status under the NAFTA for the tandoori chicken seasoning. Your request should include the identity of the “natural” component in the roast chicken type flavor ingredient. When this information is available, you may wish to consider resubmission of your request. 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 National Commodity Specialist Division