CLA-2-21:RR:NC:2:228 C83507
Mr. J. Frank McCormack
McCormick Canada Inc.
3340 Orlando Dr.
Mississauga, Ontario L4V 1C7 Canada
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of seasonings from
Canada; Article 509
Dear Mr. McCormack:
In your letter dated January 16, 1998 you requested a ruling
on the status of seasonings from Canada under the NAFTA.
Samples and ingredients breakdowns for three products
accompanied your letter. The samples were examined and disposed
of. Product no. 91589, Dill Pickle Seasoning Reduced Salt (Dill
Pickle Chip Seasoning) is a white powder with small green
particles, composed of whey powder, monosodium glutamate, sodium
diacetate, lactose, salt, sugar (10 percent or less), garlic
powder, citric acid, dill oil, vegetable oil, whole dill weed,
vinegar flavor, silicon dioxide, parsley, dill flavor, ground
dill, cucumber flavor, clove oil, and black pepper oleoresin.
BBQ Seasoning, product no. 91592, is a red/orange powder
consisting of dextrose, torula yeast, hydrolyzed plant protein,
ground paprika, salt, wheat flour, sugar (5 percent or less),
citric acid, monosodium glutamate, paprika oleoresin, garlic
powder, ground chili pepper, ground cayenne pepper, ground black
pepper, silicon dioxide, smoke flavor, vegetable oil, onion
flavor, ground paprika, and onion oleoresin. Product no. 91590,
Sour Cream & Onion Seasoning, is a white powder with green
particles, made from dextrose, whey powder, buttermilk powder,
salt, monosodium glutamate, sour cream powder, onion powder,
sodium diacetate, dried shortening, cream flavor, parsley, salt,
sour cream flavor, silicon dioxide, vegetable oil, citric acid,
garlic powder, onion powder, onion flavor, black pepper
oleoresin, onion oleoresin, and green onion flavor.
Five of the ingredients in the Dill Pickle Seasoning Reduced
Salt (ground dill, sodium diacetate, sugar, clove oil, and black
pepper oleoresin) are products of non-NAFTA countries. Seven
ingredients in the BBQ Seasoning (ground paprika, ground cayenne
pepper, black pepper, torula yeast, sugar, paprika oleoresin, and
onion oleoresin) are of non-NAFTA origin. Three ingredients in
the Sour Cream & Onion Seasoning (sodium diacetate, black pepper
oleoresin, and onion oleoresin) are from non-NAFTA countries. In
Canada, the ingredients for each product are mixed together until
they reach a consistent blend, and packaged in 50-pound bags.
The seasonings will be used to coat snack foods such as potato
chips or tortilla chips.
The applicable tariff provision for these three seasonings
will be 2103.90.8000, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for mixed condiments
and mixed seasonings...other...other. The general rate of duty
will be 6.8 percent ad valorem.
Each of the non-originating materials used to make the Dill
Pickle Seasoning Reduced Salt, product no. 91589, and the Sour
Cream & Onion Seasoning, product no. 91590 has satisfied the
changes in tariff classification required under HTSUSA General
Note 12(t)/21/7. These two products will be entitled to a free
rate of duty under the NAFTA upon compliance with all applicable
laws, regulations, and agreements.
The BBQ Seasoning, product no. 91592, does not qualify for
preferential treatment under the NAFTA because one of the non-originating materials used in the production of the good, torula
yeast, will not undergo the change in tariff classification
required by General Note 12(t)/21/7, HTSUSA.
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 212-466-5760.
Should you wish to request an administrative review of this
ruling, submit a copy of this ruling and all relevant facts and
arguments within 30 days of the date of this letter, to the
Director, Commercial Rulings Division, Headquarters, U.S. Customs
Service, 1301 Constitution Ave., NW, Franklin Court, Washington,
DC 20229.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division