CLA-2-2:OT:RR:NC:2:235
Ms. Julie Vair
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104
RE: The tariff classification of Al-Flux 2805 (liquid) from Germany
Dear Ms. Vair:
In your letter dated September 10, 2013 you requested a tariff classification ruling.
The instant product is an aluminum brazing flux which is used to dissolve the aluminum oxide layer on surfaces to facilitate the joining of aluminum parts. You indicate that similar products were classified on previous entries of merchandise as containing only inorganic compounds. However, you indicate that the instant product differs from earlier shipments in that it will now be shipped in a wet matrix. The liquid carrier consists of an organic substance. Several different possible variations of the organic matrix are proposed. You indicate that the change to a “wet” preparation is for health and safety reasons, both in transportation, and during usage of the product. In your ruling request you indicate that you believe the classification will not be affected by the addition of the organic matrix. We disagree with that assessment. The addition of the organic carrier will change the character of the preparation and it can no longer be considered to be “wholly of inorganic substances”.
The applicable subheading for liquid Al-Flux 2805 will be 3810.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Pickling preparations for metal surfaces; fluxes and other auxiliary preparations for soldering, brazing or welding; soldering, brazing or welding powders and pastes consisting of metal and other materials; preparations of a kind used as cores or coatings for welding electrodes or rods: 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 Specialist Paul Hodgkiss at (646) 733-3046.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division