CLA-2-28:RR:NC:SP:236 G86346

Mr. Steven W. Baker
Steven W. Baker and Associates
One Sutter Street, Suite 1004
San Francisco, California 94104-4919

RE: The tariff classification of Tellurium, Selenium, Undoped Indium Phosphide, Undoped Cadmium Telluride, Doped Indium Phosphide and Doped Cadmium Telluride, Cadmium Metal (unwrought) and Indium Metal (unwrought) from Japan

Dear Mr. Baker:

In your letter dated January 8, 2001, on behalf of your client, Nimtec Inc., Chandler Arizona, you requested a tariff classification ruling.

The applicable subheading for the Tellurium will be 2804.50.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Hydrogen, rare gases and other nonmetals: Boron; tellurium: Tellurium. The rate of duty will be Free.

The applicable subheading for the Selenium will be 2804.90.0000, HTS, which provides for Hydrogen, rare gases and other nonmetals: Selenium. The rate of duty will be Free.

The applicable subheading for the Undoped Indium Phosphide will be 2848.00.9000, HTS, which provides for Phosphides, whether or not chemically defined, excluding ferrophosphorus: Of other metals or of nonmetals. The rate of duty will be Free.

The applicable subheading for the Undoped Cadmium Telluride will be 2851.00.0090, HTS, which provides for 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. The rate of duty will be 2.8 percent ad valorem.

The applicable subheading for the Doped Indium Phosphide and Doped Cadmium Telluride compounds in the form of cylinders, rods, disks, wafers, etc. for electronic use will be 3818.00.0090, HTS, 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: Other. The rate of duty will be Free.

The applicable subheading for the Cadmium Metal (unwrought) and Cadmium Powder will be 8107.10.0000, HTS, which provides for Cadmium and articles thereof, including waste and scrap: Unwrought cadmium; waste and scrap; powders. The rate of duty will be Free.

The applicable subheading for the Indium Metal (unwrought) and Indium Powder will be 8112.91.3000, HTS, which provides for Beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, noibium (columbium),rehenium and thallium, and articles of these metals, including waste and scrap: Other: Unwrought; waste and scrap; powders: Other: Indium. The rate of duty will be Free.

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 Deborah Walsh at 212-637-7062.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division