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HQ 087579


November 7, 1990

CLA-2 CO:R:C:G 087579 SLR

CATEGORY: CLASSIFICATION

TARIFF NO.: 3810.10.0000

Mr. Randall C. Willette
A.N. Deringer, Inc.
30 West Service Road
Champlain, NY 12919-9703

RE: Solder Paste

Dear Mr. Willette:

This is in response to your letter of July 10, 1990, on behalf of Solution 22 International Inc., regarding the classification and duty free status of solder paste under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

In HRL 555692 of August 15, 1990, Customs Value, Special Programs & Admissibility Branch determined that the subject solder paste qualified for the duty exemption available under subheading 9801.00.10, HTSUSA. That office has since forwarded your inquiry for resolution of the classification issue.

FACTS:

The merchandise in issue involves four types of solder paste, samples of which were provided for our examination. The solder paste consists of tin and other metals and chemicals depending on what type of metal the solder is to be applied to.

ISSUE:

What is the proper classification of the subject solder paste under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

Heading 3810, HTSUSA, provides, in pertinent part, for "soldering or welding powders or pastes consisting of metal and other materials." The Explanatory Note to heading 3810 indicates that soldering preparations of that heading must contain constituents which guard against oxidation as well as metals. Moroever, these preparations must be put up in the form of powders or pastes.

The subject solder preparation consists of a combination of powdered metals and flux (an anti-oxidation material) blended into a petrolatum base. As the preparation is put up in the form of a paste, it is classifiable in heading 3810, HTSUSA.

HOLDING:

The merchandise in issue is classifiable in subheading 3810.10.0000, HTSUSA, which provides for "[p]ickling preparations for metal surfaces; soldering, brazing or welding powders and pastes consisting of metal and other materials." The General rate of duty is 5 percent ad valorem. As the subject solder paste qualifies for the duty exemption available under subheading 9801.00.10, HTSUSA, it may enter the U.S. free of duty.

Sincerely,

John Durant, Director

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