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NY N019581

December 7, 2007

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


TARIFF NO.: 2804.69.5000

Mr. Joshua Thompson
Hoku Materials. Inc.
One Hoku Way
Pocatello, ID

RE: The tariff classification of silicon 98.5 percent purity from Russia, China, Norway or Brazil

Dear Mr. Thompson:

In your letter dated November 08, 2007 you requested a tariff classification ruling.

You state in your letter that you intend to import metallurgical grade silicon CAS# 7440-21-3 with a 98.5 percent purity level. Your literature indicates that the silicon will be used for the manufacturing of polysilicon which is the raw material used in solar panels.

The applicable subheading for the silicon described above will be 2804.69.5000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for silicon: other: other. The rate of duty will be 5.5 percent as 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.


Robert B. Swierupski

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