The tariff classification of a seasoning from Canada

N241028 May 10, 2013 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2103.90.8000 Mr. Amit Solomon Farrow Group Consulting 5397 Eglinton Avenue West – Suite 220 Etobicoke Ontario M9C 5K6 Canada RE: The tariff classification of a seasoning from Canada Dear Mr. Solomon: In your letter dated April 22, 2013 you requested a tariff classification ruling on behalf of Griffith Laboratories, Canada. An ingredients breakdown, and technical data sheet accompanied your letter. The product New Old Dutch Cheese Seasoning SF-5000 Revised (Product No. 12848801) is said to contain approximately 45 percent milk products (whey permeate, whey powder and whey protein concentrate), 45 percent cheese powders, with the balance of the ingredients consisting of sunflower oil, salt, maltodextrin, monosodium glutamate, sodium phosphates, natural flavor, citric acid, artificial colors, annatto extract, lactic acid, calcium lactate, ascorbyl palimate, disodium inosinate, disodium guanylate, mono- & diglycerides, spices, and tocopherols. The product is packed in a container holding 17.1 kilograms, net weight, and used as a seasoning. In your letter, you suggested a tariff classification of 2103.90.9091, Harmonized Tariff Schedule of the United States (HTSUS), the provision for sauce and preparations therefor. Based on the product’s ingredient composition and its use, it will be classified elsewhere. The applicable subheading for the cheese seasoning will be 2103.90.8000, HTSUS, which provides for mixed condiments and mixed seasonings . . . other . . . other . . . 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 the 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 ww.fda.gov/oc/bioterrorism/bioact.html. 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Thomas J. Russo Director National Commodity Specialist Division