CLA-2-28:OT:RR:E:NC:N2:236

Mr. David R. Ostheimer
Lamb & Lerch
233 Broadway, Suite 2702
New York, NY 10279

RE: The tariff classification of Silicon Tetrahydride, (CAS# 7803-62-5) from Canada

Dear Mr. Ostheimer:

In your letter dated November 12, 2008, you requested a tariff classification ruling.

In your letter, you indicated that you intended to import Silicon Tetrahydride, (also known as silane), which will used in the production of polysilicon.

The applicable subheading for the Silicon Tetrahydride, will be 2850.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Hydrides, nitrides, azides, silicides and borides, whether or not chemically defined, other than compounds which are also carbides of heading 2849: Other. The rate of duty will be 3.7 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