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NY 802610





December 6, 1994

CLA-2-38:S:N:N7:239 802610

CATEGORY: CLASSIFICATION

TARIFF NO.: 3823.90.5050

Ms. Tracey Ellman
PBB USA Inc.
434 Delaware Avenue
Buffalo, NY 14202

RE: The tariff classification of a brake finishing treatment from Germany.

Dear Ms. Ellman:

In your letter dated September 23, 1994 you requested a tariff classification ruling for "The Silencer", which is applied to vehicle brake finishing surfaces to prevent brake noise. The sample submitted is a 9 ounce spray can containing a mixture of organic constituents (esters, silicones, and propane-butane) and inorganics (graphite, aluminum, and mica).

The applicable subheading will be 3823.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: other. The rate of duty will be 5 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 been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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