The tariff classification, marking, and country of origin of “Super Thermal Grease II” from the USA and Canada

N244301 August 13, 2013 CLA-2-34:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3403.99.0000 Mr. Michael D. Robertson MG Chemicals Ltd. 9347 193rd Street Surrey, British Columbia V4N 4E7 Canada RE: The tariff classification, marking, and country of origin of “Super Thermal Grease II” from the USA and Canada Dear Mr. Robertson: In your ruling request, received July 24, 2013, you requested a tariff classification, marking, and country of origin ruling on “Super Thermal Grease II.” Your submitted letter indicates that the product at issue is thermal grease comprised of varying quantities of six different substances. You have suggested classification in 2710.19.4000, Harmonized Tariff Schedule of the United States (HTSUS), however, that classification is incorrect because the product does not contain 70% or more petroleum oils or oils obtained from bituminous materials. The applicable subheading for “Super Thermal Grease II” will be 3403.99.0000 (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. You have also inquired about the marking and country of origin of “Super Thermal Grease II.” However, your inquiry does not provide enough information for us to rule on the marking or country of origin. You indicated where each of the six substances was obtained, but your request did not specify where each of the substances was manufactured or where the final product was manufactured. If you want a ruling on the marking and country of origin, you may wish to consider resubmission of your request. If you decide to resubmit your request, please prepare a new request letter and include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, Attn: Binding Rulings Section. 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, Deborah C. Marinucci Acting Director National Commodity Specialist Division