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NY D83705

October 22, 1998

CLA-2-80:RR:NC:1:118 D83705


TARIFF NO.: 8005.00.2000; 7106.10.0000

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.


Robert B. Swierupski

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