CLA-2-34:RR:E:NC:SP:236 R04330

Mr. Michael A. Dwyer
Daubert Chemical Company, Inc.
4700 S. Central Ave.
Chicago, IL 60638

RE: The tariff classification of NOX-RUST 1280 HT and NOX-RUST X-121 BLACK from Mexico

Dear Mr. Dwyer:

In your letter dated June 30, 2006, on behalf of your client, Formex Mexico, S.A., you requested a tariff classification ruling.

The applicable subheading for the NOX-RUST 1280 HT will be 3403.19.1000, 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 lubricating preparations containing 50% by weight of petroleum oils or of oils obtained from bituminous minerals. The rate of duty is 0.2 percent ad valorem.

The applicable subheading for the NOX-RUST X-121 BLACK 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,
National Commodity
Specialist Division