CLA-2-28:OT:RR:NC:2:236

Mr. John Mulvihill
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919

RE: The tariff classification of silicon from Canada

Dear Mr. Mulvihill:

In your letter dated May 26, 2009, on behalf of your client, Becancour Silicon Inc., you requested a tariff classification ruling.

The sample that you submitted was analyzed by our laboratory.

The product you describe as “crusher dust” consists of 99.5% pure silicon with a trace of iron.

The applicable subheading for the silicon will be 2804.69.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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.

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 http://www.usitc.gov/tata/hts/.

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