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NY 811228




July 31, 1995

CLA-2-34:S:N:N7:236 811228

CATEGORY: CLASSIFICATION

TARIFF NO.: 3403.19.1000; 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 7654 AF Coating, Molykote 7325 Grease, Molykote PG 75 Plastislip, Molykote 3402C Bonded Lubricant, Molykote 7405 AF Coating 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 following chemicals:

The prospective imports are as follows:

1. Molykote 7654 AF Coating is a lubricating preparation, not containing petroleum oils or oils obtained from bituminous minerals. It is used for film forming corrosion protection and lubricating coatings.

2. Molykote 7325 Grease is a lubricating preparation, not containing petroleum oils or oils obtained from bituminous minerals. It is a grease used in over-running clutches in starter motors.

3. Molykote 3402C Bonded Lubricant is a lubricating preparation, not containing petroleum oils or oils obtained from bituminous minerals. It is used as a lubricant.

4. Molykote PG 75 Plastislip is a lubricating containing 63.3 percent petroleum oils. It is used as a lubricant.

The applicable subheading for the Molykote PG 75 Plastislip 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 7654 AF Coating, Molykote 7325 Grease, Molykote 3402C Bonded Lubricant 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.

Your inquiry does not provide enough information for us to give a classification ruling on Molykote 7405 AF Coating. Your request for a classification ruling should include the identity of the 10 percent vendor confidential material( wax-like substance) before we can issue a ruling on this product.

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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