CLA-2-85:OT:RR:NC:N2 209

Samuel Powell
Phononic
800 Capitola Drive, Suite 7 Durham, NC 27713

RE: The tariff classification of Doped Chemical Compounds from Russia

Dear Mr. Powell:

In your letter dated April 10, 2023, you requested a tariff classification ruling.

The products concerned are referred to as a P-type Antimony ingot and an N-type Bismuth ingots (P = electrically positive and N = electrically negative). The official/proper name for the P-type ingot is Bismuth Antimony Telluride (Bi-Sb-Te) and for the N-type ingot is Bismuth Tellurium Selenide (Bi-Te-Se).

For the P-type ingot, the compound is Bi2Te3, and the Antimony would be considered the dopant-additive. For the N-type ingot, the compound is Bi2Te3, and the Selenium and Iodine are considered the dopants-additives.

The ingots are solid bars/rods with diameters of 25 mm for the P-type and 30 mm for the N-type. Both types of ingots are approximately 120 mm long.

Each type of ingot is used in the creation of Thermoelectric cooling components.    

The applicable subheading for the P-type Antimony and N-type Bismuth ingots/rods will be 3818.00.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; chemical compounds doped for use in electronics”.  The column 2 rate of duty is 25%.

Pursuant to U.S. note 1 to subchapter III of chapter 99, HTSUS, articles that are the product of the Russian Federation that are classified in the subheading 3818.00.0090, HTSUS, are subject to a 35 percent ad valorem rate of duty under heading 9903.90.08 in lieu of the rates of duty provided in column 2 of the HTSUS in chapters 1 to 97.

The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.

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 at https://hts.usitc.gov/current

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Steven Pollichino at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division