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

Mr. Edward F. Juliano, Jr.
Attorney at Law
303 Wyman Street, Suite 300
Waltham, MA 02451

RE: The tariff classification of “Phosphine Gas, CAS # 7803-51-5” from Canada

Dear Mr. Juliano:

In your letter dated April 25, 2017, you requested a tariff classification ruling, of behalf of your client, Entegris, on “Phosphine Gas, CAS # 7803-51-5.” In your submission, you further describe the product at issue as phosphine gas, PH3. You state that this product is intended to be used as a doping agent in semiconductor manufacturing.

The applicable subheading for “Phosphine Gas, CAS # 7803-51-5” will be 2853.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Phosphides, whether or not chemically defined, excluding ferrophosphorous; other inorganic compounds (including distilled or conductivity water and water of similar purity); liquid air (whether or not rare gases have been removed); compressed air; amalgams, other than amalgams of precious metals: Other: Phosphides, whether or not chemically defined, excluding ferrophosphorous: Of other metals or nonmetals. The general rate of duty will be free.

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 [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division