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NY 817506




October 16, 1996

CLA-2-34:RR:NC:1:236 817506

CATEGORY: CLASSIFICATION

TARIFF NO.: 2710.00.3500; 2710.00.4000; 3403.19.1000; 3403.99.0000; 3824.90.9050; 3910.00.0000

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

RE: The tariff classification of Molykote Longterm 2E, Molykote Longterm 2/78, Molykote Metal Protector Plus, FZ 2109, Silastic 81 Curing Agent, Molykote 6325 Oil, BY 11-022 Cosmetic Fluid, Molykote 7405 AF Coating, Molykote Longterm 2 Plus Grease, SF 8421 EG Oil, 3625 A and 3625 B from Germany

Dear Mr. Johnson:

In your letter dated December 13, 1995, on behalf of your client Dow Corning Corporation, you requested a tariff classification ruling.

The samples submitted are as follows:

1. Molykote Longterm 2E is a petroleum based lubricating grease containing less than 10 percent salts of fatty acids.

2. Molykote Longterm 2/78 is a petroleum based lubricating grease.

3. Molykote Metal Protector Plus is a mixture containing wax, anti-rust additives and over 50% petroleum hydrocarbons. The product is stated to be an anti- protective coating.

4. FZ-2109 is a silicone polymer, in primary form.

5. Silastic 81 Curing Agent is a mixture of a silicone polymer, an organo-silicate and an organo-tin compound. The product is used as a master batch in the curing of rubber.

6. Molykote 6325 Oil is a lubricating preparation not containing petroleum hydrocarbons. The product is used as a lubricant for parts made of metal powders.

7. BY 11-022 Cosmetic Fluid is a mixture of organo-silicon compound and chemically modified silica. The product is used as an additive to sun-screen products.

8. Molykote 7405 AF Coating is a mixture of resins, waxes and xylene. The product is a non-petroleum based lubricating preparation used in pneumatic cylinders and pistons.

9. Molykote Longterm 2 Plus Grease is a petroleum based lubricating grease.

10. SF 8421 EG Oil consists of silicone/ether copolymers. The product is a silicone based mold release preparation.

11. 3625 A and 3625 B are used together as a set to form a cured silicone polymer. Part A, is a non-aromatic mixture consisting in part of a catalyst, silicone polymer and an inorganic filler. Part B is a non-aromatic mixture consisting in part of a cross linking agent, reactive silicone polymer and filler material. The applicable subheading for the Molykote Longterm 2E will be 2710.00.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations: Lubricating oils and grease, with or without additives: Grease: Containing not over 10 percent by weight of salts of fatty acids of animal (including marine animal or vegetable origin. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the Molykote Longterm 2/78 and Molykote Longterm 22 Plus Grease will be 2710.00.4000, HTS, which provides for petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations: Lubricating oils and grease, with or without additives: Other. The rate of duty will be 1.3 cents per Kg plus 5.7 percent.

The applicable subheading for the Molykote Metal Protector Plus will be 3403.19.1000, HTS, which provides for lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, antitrust or anticorrosion preparations, based on lubricants) 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 consititutents, 70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals: Containing petroleum oils oils obtained from bituminous minerals: Other: Containing 50 percent or more by weight of petroleum oils or of oils obtained from bituminous minerals. The rate of duty will be 0.2 percent ad valorem.

The applicable subheading for the Molykote 7405 AF Coating, Molykote 6325 Oil and SF 8421 EG Oil will be 3403.99.0000, HTS, which provides for lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, antitrust or anticorrosion preparations, based on lubricants) 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 consititutens, 70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals: Other: Other. The rate of duty will be 6.8 percent ad valorem.

The applicable subheading for the BY 11-022 Cosmetic Fluid and Silastic 81 Curing Agent will be 3824.90.9050, HTS, which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries( including those consisting or mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 percent ad valorem.

The applicable subheading for the FZ-2109, 3625 A and 3625 B will be 3910.00.0000, HTS, which provides for silicones in primary forms. The rate of duty will be 3 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist V. Gualario at 212-466-5744.

Sincerely,

Roger J. Silvestri
Director

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