CLA-2-80:RR:NC:1:118 D83705
Mr. Christopher Colford
Import Manager
Mitsui & Co. (U.S.A.), Inc.
200 Park Avenue
New York, NY 10166-0130
RE: The tariff classification of solders in powder form from
Japan.
Dear Mr. Colford:
In your letter dated October 9, 1998, you requested a
tariff classification ruling.
The subject solders will be imported in powder form and
will be used in the electronics industry. You state that 90% of
the solder powder can pass through a sieve with a mesh aperture
of 1 mm. There are three different types of solder with the
following component breakdown:
A) 63% tin, 37% lead
B) 62% tin, 36% lead, 2% silver
C) 96% tin, 4% silver
The applicable subheading for item A will be 8005.00.2000,
Harmonized Tariff Schedule of the United States (HTS), which
provides for tin powders and flakes. The duty rate will be 3.1%
ad valorem.
Products B and C contain 2% or more by weight of silver.
Accordingly, they will be classified within chapter 71. For a
product to be classified as a powder within chapter 71, 90% or
more by weight must pass through a sieve having a mesh aperture
of 0.5 mm. The applicable subheading for items B and C, provided
90% of the powder can pass through a sieve having a mesh aperture
of 0.5mm will be 7106.10.0000, HTS, which provides for silver
powder. The duty rate will be free.
Consideration was given to classifying these products
under heading 3810 HTS. However, the subject solder powders
consist of 100% metal powder mixtures. Heading 3810 applies only
when items contain other constituents as well as metal. As such,
they are excluded from classification in that heading.
This ruling is being issued under the provisions of Part
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this 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 Kathy
Campanelli at 212-466-5492.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division