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NY K80320





November 4, 2003

CLA-2-27:RR:NC:SP:237 K80320

CATEGORY: CLASSIFICATION

TARIFF NO.: 2710.19.3020

Ms. Brigitte Bellefeuille
Bombardier Incorporated
565 de la Montagne Street
Valcourt, Quebec, Canada J0E 2L0

RE: Classification of automotive and marine engine lubricating oils from South Korea.

Dear Ms. Bellefeuille:

In your letter dated October 16, 2003 you requested a tariff classification ruling for automotive and marine engine lubricating oils, consisting of 60-100% synthetic hydrocarbons and 10-30% organo-metallic compounds, for use in ATV ‘s and watercraft.

If the product contains by weight 70% or more of petroleum oils or oils obtained from bituminous minerals, the applicable subheading will be 2710.19.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides: for petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than waste oils: lubricating oils and greases, with or without additives: oils: automotive, diesel or marine engine lubricating oils. The rate of duty is 84 cents per barrel.

We are returning your request for a classification ruling on engine lubricating oils containing less than 70% petroleum oils, for failure to comply with the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177) and provide the information necessary to issue a ruling, namely: an ingredient breakdown by weight of the product when containing 31-40% additives, showing the derivation and function of each additive.

If this information becomes available in the future, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

This merchandise may be subject to the requirements of the Toxic Substances Control Act, administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404.

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 control number indicated above should be provided with the entry documents filed at time this is imported. For any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski

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