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

Mr. Troy Crago-Edwards
Northrop Grumman Aerospace Systems
700 N Douglas, Bldg. 902
El Segundo, CA 90245

RE: The tariff classification of Molybdenum Disulfide Lubricant (part # 321R)

Dear Mr. Crago-Edwards:

In your ruling request dated May 4, 2012, on behalf of Northrop Grumman Aerospace Systems, you requested a tariff classification ruling.

You state that the product is molybdenum disulfide lubricant (part # 321R), which is used for lubricating metal parts that are inaccessible after assembly and require a dry, thin lubricating film. You describe the product as a dry film lubricant, gray-black color, dispensed from a 16-ounce aerosol can. You further state that this product contains no petroleum oil or oil obtained from bituminous minerals.

The applicable subheading for molybdenum disulfide lubricant (part # 321R) 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 general rate of duty will be 6.5 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.

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 Nuccio Fera at (646) 733-3034.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division