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NY N018305




January 4, 2008

CLA-2-34:OT:RR:NC:N2:236

CATEGORY: CLASSIFICATION

TARIFF NO.: 3403.19.5000; 3403.99.0000; 2710.19.3080

Ms. Senta Schreiber
BDG International Inc.
840 Tollgate Rd.
Elgin, IL 60123

RE: The tariff classification of LA8, LA8H1, LA1 from Germany

Dear Ms. Schreiber:

In your letter dated on behalf of Independent Graphic you requested a tariff classification ruling. The samples which you submitted were forwarded to the Customs and Border Protection laboratory for analysis.

Your descriptive literature states that all three products will be used as lubricants.

LA8 is a lubricating preparation containing less than 50 percent by weight of petroleum oils or oils obtained from bituminous minerals.

The applicable subheading for the LA8 will be 3403.19.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, antirust or anticorrosion preparations and mold release 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 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.

LA8H1 is a lubricating preparation containing no petroleum oils or oils obtained from bituminous minerals.

The applicable subheading for the LA8H1 will be 3403.99.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, antirust or anticorrosion preparations and mold release 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 constituents, 70 percent or more by weight of petroleum oils or oils obtained from bituminous minerals: Other: Other. The rate of duty will be 6.5 percent ad valorem.

The LA1 is a preparation containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals.

The applicable subheading for the LA1 will be 2710.19.3080, 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 and greases, with or without additives: oils: other. The rate of duty will be 84 cents per barrel.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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