The tariff classification of a seasoning from Canada

N042938 November 24, 2008 CLA-2-21:OT:RR:E:NC:N2:228 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 a seasoning from Canada Dear Ms. Johnson: In your letters dated August 19, 2008 and October 29, 2008 you requested a tariff classification ruling. An ingredients breakdown was submitted with your August letter. Additional ingredient and value information were submitted with your October letter. Mongolian Beef Seasoning is a dry mix packed in 43-gram packages. It is said to be composed of approximately 33 percent sugar, 33 percent teriyaki sauce powder, 13 percent starch, 8 percent salt, 7 percent garlic powder, 2 percent red pepper, one percent, each, of sesame oil, caramel color, and black pepper, and less than one percent, each, of ginger oil, drying agent, guar gum, I & G enhancer, and white wine flavor. The mix will be used as the flavoring ingredient for a Mongolian beef meal. The applicable subheading for this product, 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, HTSUS, 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 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 Mongolian Beef Seasoning. Your request should include the identity of the “natural” component in the white wine 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