The tariff classification of Trimethylsilane (CAS # 993-07-7) and Tetramethylsilane (CAS # 75-76-3) from China

N331968 April 11, 2023 CLA-2-29:OT:RR:NC:N3:140 CATEGORY: Classification TARIFF NO.: 2931.90.9010; 9903.88.04 Yuliana Kalinova Linde Gas & Equipment Inc. 53 Frontage Road, Suite 210 Hampton, NJ 08827 RE: The tariff classification of Trimethylsilane (CAS # 993-07-7) and Tetramethylsilane (CAS # 75-76-3) from China         Dear Ms. Kalinova: In your letter dated April 3, 2023, you requested a tariff classification ruling. The subject products are Trimethylsilane (CAS # 993-07-7) and Tetramethylsilane (CAS # 75-76-3) from China.  The Trimethylsilane will be imported in 47L cylinders, the Tetramethylsilane will be imported in low-pressure 19L and 280L drums. Both products will be used in the manufacture of semiconductors. The applicable subheading for Trimethylsilane (CAS # 993-07-7) and Tetramethylsilane (CAS # 75-76-3) will be 2931.90.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Other organo-inorganic compounds: Other: Other: Organo-silicon compounds: The rate of duty will be 3.7 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 2931.90.9010, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.04, in addition to subheading 2931.90.9010, HTSUS, listed above. 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.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.. 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 (EPA).  Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at 800-471-7127, by e-mailing to [email protected], 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 the 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, please contact National Import Specialist Evan Thomas at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division