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NY 811229




July 21, 1995

CLA-2-34:S:N:N7:236 811229

CATEGORY: CLASSIFICATION

TARIFF NO.: 3403.19.1000; 3403.19.5000; 3403.99.0000

Mr. Thomas E. Johnson
Baker & McKenzie
One Prudential Plaza
130 East Randolph Drive
Chicago, IL 60601

RE: The tariff classification of Molykote D-106 AF Coating; Molykote D-31 AF Coating; Molykote G 68 Grease; Molykote Metalform N; Molykote PG 65 Plastislip from Germany

Dear Mr. Johnson:

In your letter dated May 24, 1995, on behalf of your client Dow Corning Corporation, you requested a tariff classification ruling on the several chemicals.

The prospective imports are as follows:

1. Molykote D-106 AF Coating is a lubricating preparation, not containing petroleum oils or oils obtained from bituminous minerals. It is used as a lubricant.

2. Molykote Metalform N is a lubricating preparation not containing petroleum oils or oils obtained from bituminous minerals. It is used as a lubricant for metal forming operations.

3. Molykote PG 65 Plastislip is a lubricating preparation, not containing petroleum oils or oils obtained from bituminous minerals. It is used as a plastic against steel lubricant.

4. Molykote G 68 Grease is a lubricating preparation containing 60 percent petroleum oils. It is used as a lubricaating grease for plastic parts.

5. Molykote D31 AF Coating is a lubricating preparation containing 16 percent petroleum oils. It is used as film forming lubricant or a corrosion protection coating.

The applicable subheading for the Molykote D-31 AF Coating 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, antitrust.....) and preparations of a kind used for the oil or grease treatment of 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:... Other. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the Molykote G 68 Grease 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, antitrust.....) and preparations of a kind used for the oil or grease treatment of 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 oil obtained from bituminous minerals. The rate of duty will be 0.2 percent ad valorem.

The applicable subheading for the Molykote PG 65 Plastislip, Molykote Metalform N, and Molykote D-106 AF Coating will be 3403.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, antitrust.....) and preparations of a kind used for the oil or grease treatment of 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:...Other:... Other. The rate of duty will be 6.9 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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