The tariff classification of silicon metal, Grade 1 and Grade 2 from the Philippines

NY L86597 August 11, 2005 CLA-2-28:RR:NC:SP:236 L86597 CATEGORY: Classification TARIFF NO.: 2804.69.1000; 2804.69.5000 Mr. Sergey Leontyev CMC Cometals 2050 Center Avenue, Suite 250 Fort Lee, NJ 07024 RE: The tariff classification of silicon metal, Grade 1 and Grade 2 from the Philippines Dear Mr. Leontyev: In your letter dated July 26, 2005, you requested a tariff classification ruling. According to your letter the composition of the products is as follows: Grade 1 will have between 98.5% and 99.0% silicon, 0.2% to 0.5% iron, 0.2% to 0.5% aluminum and 0.02% to 0.3% calcium. Grade 2 is composed of 99.0% to 99.5% silicon, 0.2% to 0.5% iron, 0.2% to 0.5% aluminum and 0.02% to 0.3% calcium. The applicable subheading for the Grade 1 will be 2804.69.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Hydrogen, rare gases and other nonmetals: Silicon: Other: Other. The rate of duty will be 5.5 percent ad valorem. The applicable subheading for the Grade 2 will be 2804.69.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Hydrogen, rare gases and other nonmetals: Silicon: Other: containing by weight less than 99.99 percent but not less than 99 percent of silicon. The rate of duty will be 5.3 percent ad valorem. 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 Debra Wholey at 646-733-3034. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division