CLA-2-21:RR:NC:2:228 H83213

Ms. Susan Legacy
La CIE McCormick Canada Co.
3340 Orlando Drive
Mississauga, Ontario Canada L4V 1C7

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a snack seasoning from Canada; Article 509

Dear Ms. McKnight:

In your letters dated June 28, 2001, you requested a ruling on the status of a snack seasoning from Canada under the NAFTA.

A sample and an ingredients breakdown accompanied your letters. The sample was examined and disposed of. US Buttery Cheese Seasoning 91797 is an orange colored powder consisting of 40-50 percent each of Cheese Cheddease, 30-40 percent whey solids, 15-20 percent salt, 1-5 percent monosodium glutamate, and less than one percent each of Romano cheese flavor, silicon dioxide, color, butter popcorn flavor, disodium inosinate, and disodium guanylate.

All but one of the ingredients used to make the seasoning are products of either Canada or the United States. The exception is the disodium inosinate and disodium guanylate from Japan. In Canada, the ingredients are mixed, packed for industrial use as a seasoning, and applied to fried colletts (extruded corn products) to make cheese flavored snacks.

The applicable subheading for the seasoning will be 2103.90.8000, HTS, which provides for mixed condiments and mixed seasoningsYotherYotherYother. The duty rate will be 6.4 percent ad valorem.

The non-originating material used to make the seasoning has satisfied the change in tariff classification required under HTSUSA General Note 12(t)/21/7. The article 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 212-637-7065.

Sincerely,


Robert B. Swierupski
Director,
National Commodity
Specialist Division