CLA-2-21:OT:RR:E:NC:N2:228
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 20, 2008 and October 29, 2008 you requested a ruling on the status of a seasoning from Canada under the NAFTA.
An ingredients breakdown was submitted with your August letter and value information was submitted with your October letter. Kung Pao Chicken Seasoning a dry mix, packed into 47-gram packages, is said to be composed of approximately 35 percent teriyaki sauce powder, 25 percent sugar, 12 percent starch, 7 percent garlic powder, 6 percent salt, 5 percent chicken flavor, 4 percent chicken broth powder, and one percent, each, of sesame oil, cayenne pepper, and less than one percent, each, of oleo paprika, oleo capsicum, oleo ginger, fried garlic oil, drying agent, I & G enhancer, white wine flavor, and caramel color. The mix will be used as the flavoring ingredient in a Kung Pao Chicken 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/.
Your inquiry does not provide enough information for us to comment on the country of origin marking and status under the NAFTA for the Kung Pao Chicken Seasoning. Your request should include the identity of the “natural” component in the white wine flavor ingredient and the roast chicken 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