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NY L83799

September 16, 2005

CLA-2-34:RR:NC:SP:236 L83799


TARIFF NO.: 3403.99.0000; 3808.40.5000

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification of CommQuestTM Carbide Grinding Fluid, ZZIPPTM, CommVan 108, Commcool TM HD and BacBusterTM from Canada

Dear Mr. Kavanaugh:

In your letter dated March 18, 2005, on behalf of your client, Commonwealth Oil, you requested a tariff classification ruling. Our laboratory analyzed the samples that you submitted.

In your letter, you indicate the follows:

CommQuestTM Carbide Grinding Fluid is a non-chlorinated, fully synthetic, low foaming, high performance, precision and production grinding and metalworking fluid designed to prevent cobalt leaching. It used for grinding carbide as well as both ferrous and yellow metals.

ZZIPPTM is an aqueous based small hole drilling fluid. ZZIPPTM is corrosion inhibited and aqueous based. .

Commvan 108 is a low viscosity fluid primarily intended for light stamping and drawing of sheet metals. It used for the manufacture of wires and stamping parts that require some painting or coatings, without first being cleaned.

CommCool TM HD is a semi-synthetic metalworking fluid formulated for varied metalworking needs. This product has excellent bio-resistance, emulsion stability, plus rust and corrosion prevention characteristics. It used for lathes, drill presses, milling machines and most CNC machining work.

5) BacBuster™ is a preparation containing a non-aromatic disinfectant, as well as surface-active cleaning agents and emulsifiers. According to the Technical Information Sheet, BacBuster™ is used to clean and remove foul-smelling slime and bacteria in aqueous metalworking systems, and to disinfect highly contaminated metalworking fluids in central systems or individual machine tanks. In our opinion, pursuant to Explanatory Note 34.02, exclusion “(c),” the product’s surface-active function is subsidiary to the main function of the preparation, which is that of a disinfectant.

The applicable subheading for the CommQuestTM Carbide Grinding Fluid, ZZIPPTM, CommVan 108, Commcool TM HD will be 3403.99.0000, Harmonized Tariff Schedule of the United States (HTS), 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 applicable subheading for BacBusterTM will be 3808.40.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insecticides, , disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Disinfectants: Other.” The rate of duty will be 5 percent ad valorem.

This merchandise BacBusterTM may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092.

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.


Robert B. Swierupski

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