The tariff classification of Silicon from Thailand

N327161 August 9, 2022 CLA-1-28:OT:RR:NC:N3:136 CATEGORY: Classification TARIFF NO.: 2804.69.5000 John K. Greenlee John A Steer Co. Philly 1227 N. 4th Street Philadelphia, Pennsylvania 19122 RE: The tariff classification of Silicon from Thailand Dear Mr. Greenlee: In your ruling request dated July 19, 2022, on behalf of your client, Calmetalloys Inc., you requested a tariff classification ruling on Silicon. Your submission describes the subject product as Silicon Metal, with a chemical composition breakdown of Si 98.5%, Fe .5%, Al .5%, and Ca .3%. You state that this product will be imported in sizes of 10-100 mm and packed in bags of 1,000 kgs each. The Silicon is intended to be used as an additive in the smelting process for making stainless steel and other steel making alloys. You have not provided a chemical abstracts service registry number (CAS #), but it is presumed that the subject product is a separate chemical element with normal impurities, which meets the terms of Note 1 to Chapter 28, Harmonized Tariff Schedule of the United States (HTSUS). The applicable subheading for Silicon will be 2804.69.5000, HTSUS, which provides for Hydrogen, rare gases and other nonmetals: Silicon: Other: Other. The general rate of duty will be 5.5% ad valorem. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov. 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 Nuccio Fera at nuccio.fera@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division