CLA-2-38:OT:RR:NC:2:239
Mr. Roland Simon
Ferro Corporation
1000 Lakeside Avenue
Cleveland, Ohio 44144
RE: The tariff classification of aluminum powder mixture from France
Dear Mr. Simon:
In your letter dated August 2, 2010, you requested a tariff classification ruling.
The product, described as a wetted spherical aluminum powder, consists of aluminum powder and a solvent. As indicated in your ruling request, the product can be used in paints as a metallic pigment, utilized in rocket fuel and in electronics.
In your letter you suggest classification in 3212.90.0010, HTSUS, which provides for metallic aluminum pigments. The product must contain 50 to 75 percent of a solvent to be considered a metallic aluminum pigment.
You also suggest classification in 3824.90.7000, HTSUS, which provides for other materials for printed circuit boards and 8541.90.0000, HTSUS, which provides for parts of photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes. We have discussed this issue with the Customs Laboratory. The subject merchandise is a formulated ingredient to be further processed to create a conductive paste in the manufacture of photovoltaric solar panels. The aluminum powder mixture, in the condition as imported, is a chemical mixture of a metallic powder and a nonaromatic organic compound. The product is properly classified in subheading 3824.90.9290, HTSUS.
The applicable subheading will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 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 Richard Dunkel at (646) 733-3032.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division