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NY 852589

JUN 04 1990

CLA-2-34:S:N:N1:240 852589

CATEGORY: CLASSIFICATION

TARIFF NO.: 3403.19.1000; 3403.19.5000

Mr. David G. Moll
John V. Carr & Son Inc.
43 West Service Road
Champlain, New York 12919

RE: The tariff classification of PROLAB PL-100 Penetrating Lubricant with Anti-Friction Metal Treatment from Canada.

Dear Mr. Moll:

In your letter dated May 11, 1990, you requested a tariff classification ruling on behalf of your client McLab Industries Inc.

PROLAB PL-100 Penetrating Lubricant with Anti-Friction Metal Treatment is used to penetrate rust scale and corrosion of metal. PL-100 also protects against rust and corrosion. The product comes in either an aerosol can or in a plastic bottle. The penetrating lubricant contains 3-7 percent zinc dialkyldithiophosphate, 30-60 percent mineral spirits, 1-5 percent zinc napthenate, 3-7 percent mineral seal oil. The aerosol contains 15-40 percent propane/isobutane.

The applicable HTS subheading for PROLAB PL-100 Penetrating Lubricant with Anti-Friction Metal Treatment when containing 50 percent or more of the mineral spirits and mineral seal oil will be 3403.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, antirust or anticorrosion preparations and mold release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, but excluding preparations containing, as basic constituents, 70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals: other: containing 50 percent or more by weight of petroleum or of oils obtained from bituminous minerals. The duty rate will be 0.5 cents per liter.

If the product contains less than 50 percent of the mineral spirits and mineral seal oil the applicable HTS subheading for the product will be 3403.19.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, antirust or anticorrosion preparations and mold release preparations, based on lubricants) and preparations of a
kind used for the oil or grease treatment of textile materials, but excluding preparations containing, as basic constituents, 70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals: other: other. The duty rate will be 5.8 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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