CLA-2-28:RR:NC:SP:236 J87462

Mr. Stephen C. Pred
Pred Materials International, Inc.
60 East 42nd St., Suite 1456
New York, NY 10165

RE: The tariff classification of Fused Silica Material and Silicon Powder from China

Dear Mr. Pred:

In your letter dated July 16, 2003, you requested a tariff classification ruling.

The applicable subheading for Silicon Powder will be 2804.69.1000, Harmonized Tariff Schedule of the United States (HTS), 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.

When not ground or pulverized the applicable subheading for the Fused Silica Material will be 3207.40.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass frit and other glass, in the form of powder, granules or flakes: other. The rate of duty will be 7.9 percent ad valorem. When ground or pulverized the applicable subheading for the Fused Silica Material will be 3207.40.1000, HTS, which provides for glass frit and other glass in the form of powder, granules or flakes: ground or pulverized. The rate of duty will be 6 percent ad valorem. 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 Harvey Kuperstein at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division