CLA-2-21:RR:NC:2:228 I87253
Ms. Susan Legacy
McCormick Canada Co.
3340 Orlando Drive
Mississauga, Ontario L4V 1C7 Canada
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a seasoning from Canada; Article 509
Dear Ms Legacy:
In your letter dated October 8, 2002 you requested a ruling on the status of a seasoning from Canada under the NAFTA.
A sample and ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Product 91889 – R0893 Chili Limon Seasoning is an orange-colored powder said to be composed of 30-40 percent maltodextrin, 20-30 percent chili pepper, 15-20 percent salt, 5-10 percent citric acid, 1-5 percent, each, of paprika, ground red pepper, black pepper, and silicon dioxide, and less than one percent, each, of paprika oleoresin, chili seasoleum, soluble turmeric, oil, lime powder, and color.
All but four ingredients are products of the United States or Canada. The turmeric and ground red pepper are products of India, some of the paprika will be originate in Spain, and the black pepper will be a product of Indonesia or India. In Canada, all ingredients will be blended in accordance with the prescribed formula and packaged for sale to manufacturers, who will apply the seasoning to potato chips.
The applicable tariff provision for product 91889 – R0893 Chili Limon Seasoning will be 2103.90.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for mixed condiments and mixed seasonings…other… The general rate of duty will be 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. The seasoning 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 646-733-3029.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division