CLA-2-75:OT:RR:NC:N1:117
Mr. Christopher Constantine
Import/Export Specialist
Oerlikon Metco (US) Inc.
1101 Prospect Avenue
Westbury, NY 11590
RE: The tariff classification of nickel silicon boron thermal braze tape from Germany
Dear Mr. Constantine:
In your letter dated June 22, 2016, you requested a tariff classification ruling. Your inquiry was submitted with technical data and a sample which was forwarded to our laboratory for analysis. We regret the delay in our reply.
The products you intend to import are described as thermal braze tapes made of three layers: nickel silicon boron alloy powder, plastic and paper with adhesive. The thermal braze tapes are comprised of a uniform layer of cast braze alloy and binder wound into rolls for ease of handling. It is stated that the nickel alloy braze tapes are an easy, precise and economical way to apply braze filler metal. The nickel alloy powder is composed of 91 percent nickel, 5 percent silicon and 3.5 percent boron. The products are known as Amdry 780 and 7801 Braze Filler Metals. The uses are stated to include brazers for joining steels, aerospace or industrial applications where joints are under stress and automotive heat exchangers. Technical information submitted indicates that all paper and plastic backing should be removed before applying the nickel alloy to the area to be brazed.
Laboratory results show that the adhesive is on the middle layer and that the alloy powder is not a cermet. The nickel alloy powder is shown to be agglomerated by a binder.
It is the opinion of this office that the essential character of the three layer thermal tapes is imparted by the nickel silicon boron alloy powder. The paper and plastic layers are parts shown in the Metco Data Sheet application information to be discarded before the intended use. It is the nickel alloy which is essential to the brazing function.
The applicable subheading for the nickel alloy thermal tapes will be 7504.00.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nickel powders and flakes, powders. The rate of duty will be free.
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 https://hts.usitc.gov/current.
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 Mary Ellen Laker at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division