HQ 083928: Gold-Tin Alloy Powder

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                         HQ 083928

                                         June 16, 1989

             CLA-2:CO:R:C:G  083928 JAS

             CATEGORY:   Classification

             TARIFF NO.: 7108.11.0000

             Steven G. Santoro
             Metz Metallurgical Corporation
             3900 South Clinton Ave.
             South Plainfield, New Jersey 07080

             RE:  Gold-Tin Alloy Powder

             Dear Mr. Santoro:

                  In your letter to the Area Director of Customs, New York
             Seaport, dated February 17, 1989, you request reconsideration
             of a ruling issued to you by that office concerning the
             classification of a powder from West Germany produced from an
             alloy of gold and tin.  Our ruling follows.

             FACTS:

                  By letter ruling dated January 9, 1989 (836186),
             merchandise described as gold-tin solder powder was held to be
             classifiable under the provision for other articles of gold,
             in subheading 7115.90.1000, Harmonized Tariff Schedule of the
             United States Annotated (HTSUSA).  The rate of duty under this
             provision is 7.8 percent ad valorem.

                  You state that the merchandise is a powder for tariff
             purposes, and is properly classifiable under the duty-free
             provision for nonmonetary gold powder, in subheading
             7108.11.0000, HTSUSA.

                  The merchandise is variously described as a gold-tin
             solder powder, gold-tin alloy powder, gold alloy, and gold-tin
             alloy.  This may have resulted in some initial confusion over
             its condition as imported.  In fact, the merchandise at issue
             is an alloy, consisting of 80 percent gold and 20 percent tin.
             After the gold and tin are melted together the product is
             reduced to powder form, after which it is cleaned, dried and
             screened.  After importation, the gold-tin alloy powder will
             be combined with other ingredients to form a solder paste.












                                       - 2 -

             ISSUE:

                  Is the merchandise in question a powder for tariff
             purposes?  Is it classifiable as nonmonetary gold powder in
             Heading 7108, or as tin powders and flakes in Heading 8005?

             LAW AND ANALYSIS:

                  In accordance with General Rule of Interpretation 2(b),
             HTSUSA, the classification of goods consisting of more than
             one material or substance shall be according to the principles
             of Rule 3.  Rule 3(a) states, in part, that two or more
             headings each referring to part only of the materials or
             substances contained in mixed or composite goods are to be
             regarded as equally specific in relation to those goods, even
             if one of them gives a more complete or precise description of
             the goods.  Rule 3(b) states, in part, that mixtures and
             composite goods consisting of different materials or made up
             of different components are to be classified as if they
             consisted of the material or component which gives them their
             essential character.

                  The factor or factors which determine essential character
             will differ with the goods.  Often, however, the nature of a
             material, its weight or value, and its role in relation to the
             use of the goods will be considered.  Solder made from powders
             of this type are used in the telecommunications and
             electronics industries in making contact relays.  While tin
             provides the bonding ingredient and lowers the cost of the
             solder, the gold provides low resistance and better
             conductivity necessary in sensitive equipment common to those
             industries.  It is our opinion, therefore, that the gold
             imparts the essential character to the instant merchandise.
             Consequently, the merchandise is classifiable in Heading 7108.

                  In accordance with Chapter 71, Subheading Note 1, HTSUSA,
             for the purposes of subheading 7108.11, "powder" means
             products of which 90 percent or more by weight passes through
             a sieve having a mesh aperture of 0.05 mm.  A data sheet
             submitted with your original ruling request describes a gold-
             tin solder powder 100 percent of the particles being less than
             42.21 microns, 84 percent being less than 30.23 microns, 50
             percent being less than 19.54 microns, and 16 percent being
             less that 10.69 microns.  You state the powder will pass
             through a 0.04 mm. (325 U.S. Standard Mesh) aperture.  The
             instant merchandise is therefore a powder for purposes of
             subheading 7108.11.    















                                      - 3 -

             HOLDING:

                  The gold-tin alloy in powder form is classifiable under
             the provision for nonmonetary gold powder, in subheading
             7108.11.0000, HTSUSA, subject to entry free of duty.

             EFFECT ON OTHER RULINGS:

                  The ruling to you dated January 9, 1989 (835186), is
             hereby revoked under the authority of section 177.9(d),
             Customs Regulations.


                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division