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NY 847517



January 4, 1990

CLA-2-34:S:N:N1:240 847517

CATEGORY: CLASSIFICATION

TARIFF NO.: 3403.19.1000; 3403.19.5000

Mr. R.D. Rogers
W.Y. Moberly, Inc.
Box 1264
Sweetgrass, Montana 59484

RE: The tariff classification of Friction Guard from Canada

Dear Mr. Rogers:

In your letter dated November 15, 1989 you requested a tariff classification ruling on behalf of your client Napcan Lubrication Ltd.

A sample of Friction Guard, which was submitted with your inquiry, was analyzed by the U.S. Customs Laboratory. The product is used as a lubricant for internal combustion crankcases, automatic transmissions, wheel bearings, etc. Friction Guard contains 30-60 percent petroleum lubricating oils, lead compounds and 2-ethyl hexoic acid.

The applicable HTS subheading for Friction Guard, when containing over 50 percent of petroleum 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 or textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents,
70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals: containing petroleum oils or oils obtained from bituminous minerals: other: containing 50 percent or more by weight of petroleum oils or of oils obtained from bituminous minerals . The duty rate will be 0.5 cents per liter. When containing under 50 percent by weight of petroleum oils of or oils obtained from bituminous minerals, the applicable HTS subheading will be 3403.19.5000. 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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