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NY 811055




July 31, 1995

CLA-2-39:S:N:N7:236 811055

CATEGORY: CLASSIFICATION

TARIFF NO.: 3403.19.1000; 3403.99.0000; 3910.00.0000

Mr. Thomas E. Johnson, Attorney
Baker & McKinzie
Attorneys at Law
One Prudential Plaza
130 East Randolph Drive
Chicago, Il 60601

RE: The tariff classification of Molykote DX; Molykote BG 87 Inerta; Q2-8630 Polymer; Molykote Longterm 2 Plus Grease 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.

The prospective imports are as follows:

1. Molykote DX , is a lubricating preparation containing 63 percent petroleum oils. It is a solid lubricating paste used on bearings, splines, etc.

2. Molykote BG 87 Inerta, is a lubricating preparation, not containing petroleum oils or oils obtained from bituminous minerals. It is used as a lubricating grease on bearing.

3. Q2-8630 Polymer is a silicone in primary form.

The applicable subheading for the Molykote DX will be 3403.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for lubricating preparations (including....lubricants) and preparations containing, as basic constituents, 70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals:...containing petroleum oil or oils obtained from bituminous minerals:...Other:... Containing 50 percent or more by weight of petroleum oils or oils obtained from bituminous minerals. The rate duty will be 0.2 percent ad valorem.

The applicable subheading for the Molykote BG 87 Inerta will be 3403.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for lubricating preparations (including....lubricants) and preparations containing, as basic constituents, 70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals:...containing petroleum oil or oils obtained from bituminous minerals:... Other:... Other. The rate of duty will be 6.9 percent ad valorem.

The applicable subheading for the Q2-8630 Polymer will be 3910.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for silicones in primary forms. The rate of duty will be 3 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Molykote Longterm 2 Plus Grease. Your request for a classification ruling should include the chemical identity of the Naphthionic Oil.

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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