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NY N021684




May 15, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3403.19.5000

Mr. Mark J. Soder
D.A. Stuart Company
4580 Weaver Parkway
Warrenville, IL 60555

RE: The tariff classification of Dascool 2003, Dascool 2203, Dascool LN 231-78 and Dascool 521 DF

Dear Mr. Soder:

In your letter dated December 21, 2007 you requested a tariff classification ruling. The samples which you submitted were forwarded to the Customs and Border Protection laboratory for analysis.

You state in your letter that Dascool 2003, Dascool 2203, Dascool LN 231-78 and Dascool 521 DF are lubricants that contain less than 49 percent petroleum oil.

The applicable subheading for the Dascool 2003, Dascool 2203, Dascool LN 231-78 and Dascool 521 DF 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.

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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