HS 280461 Silicon
Quick Answer: HS code 280461 specifically covers Silicon containing by weight not less than 99.99% of silicon. This classification is crucial for high-purity silicon, primarily used in the semiconductor and solar industries. Importers and exporters should note the significant divergence in duty rates across major jurisdictions. The UK and EU apply a 0.00% ad valorem duty, facilitating trade in this essential material. Conversely, the US imposes a 25% ad valorem duty on certain imports under this code, though some origins may qualify for "Free" status under specific trade programs or exclusions. This disparity necessitates careful origin verification and trade program analysis to optimize import costs and ensure compliance.
What Are the Import Duty Rates?
🇬🇧 United Kingdom
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2804610000 | 0.00 % | — | — |
🇪🇺 European Union (TARIC)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2804610000 | 0.00 % | — | — |
🇺🇸 United States (HTSUS)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2804610000 | Free | — | ["kg"] |
Duty rates sourced from the USITC (US International Trade Commission) Harmonized Tariff Schedule (HTS) (accessed 2/22/2026), EU TARIC – DG TAXUD (Directorate-General for Taxation and Customs Union) (accessed 2/22/2026), and UK Trade Tariff – HMRC (His Majesty's Revenue and Customs) (accessed 2/22/2026).
Data compiled and presented by HSRates.
How Has Trade Volume Developed?
How to Classify This HS Code?
What products does HS 280461 cover?
This subheading covers silicon containing by weight not less than 99.99% of silicon, often referred to as "electronic grade" or "semiconductor grade" silicon. This specific purity level is critical for its application in the electronics industry, particularly for manufacturing integrated circuits, solar cells, and other semiconductor devices. The WCO Harmonized System Explanatory Notes for Heading 2804 clarify that this subheading is reserved for silicon of exceptionally high purity, distinguishing it from less pure forms. Official definitions from the USITC Harmonized Tariff Schedule (HTS) and the EU TARIC system align with this purity threshold, emphasizing the material's suitability for advanced technological applications where even trace impurities can significantly impair performance.
What falls outside HS 280461?
The following products are excluded from HS 280461: silicon containing by weight less than 99.99% of silicon. This includes metallurgical grade silicon, which typically has a purity ranging from 98% to 99.5% and is classified under HS 2804.69. Furthermore, silicon in primary forms that has been doped to alter its electrical properties, such as silicon wafers already containing specific impurities like boron or phosphorus to create P-type or N-type semiconductors, would generally be classified under HS 3818.00.00 as "Chemical elements doped for use in electronics." Silicon carbide, a compound of silicon and carbon, is also excluded and classified under HS 2849.20.00.
What are common classification mistakes for HS 280461?
A common error is misclassifying silicon based solely on its general description as "silicon" without verifying the precise purity level. Importers often overlook the "not less than 99.99% by weight" requirement, leading to incorrect classification under HS 2804.69 for less pure forms. This mistake violates General Rule of Interpretation (GRI) 1, which states that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Another frequent mistake involves classifying doped silicon or silicon wafers under this subheading, despite their specific classification under HS 3818.00.00, which is more specific for elements prepared for electronic use.
How should importers classify products under HS 280461?
The correct procedure for classifying silicon under HS 280461 involves obtaining and meticulously reviewing the Certificate of Analysis (CoA) or equivalent documentation from the manufacturer. This document must explicitly state the silicon's purity level, confirming it is "not less than 99.99% by weight." Importers and customs brokers should cross-reference this purity against the WCO Explanatory Notes for Heading 2804 and the specific wording of subheading 2804.61 in their respective national tariffs (e.g., US HTS, EU TARIC, UK Trade Tariff). If the purity is below this threshold, or if the silicon has been doped or processed into wafers, alternative subheadings like 2804.69 or 3818.00.00 must be considered, adhering strictly to GRI 1 and GRI 6 for accurate subheading determination.
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FAQ
What is the Most Favored Nation (MFN) duty rate for HS 2804.61 (Silicon) in key markets?
The MFN duty rate for HS 2804.61 (Silicon containing by weight not less than 99.99% of silicon) varies by importing country. For example, the United States (under the Harmonized Tariff Schedule of the United States, HTSUS) applies a duty rate of 0.00% ad valorem. Similarly, the European Union (EU TARIC) and the United Kingdom (UK Global Tariff) also apply a 0.00% ad valorem duty rate for this specific subheading. Importers should always verify the current rates directly with the official tariff schedules of the destination country (e.g., USITC HTSUS, EU TARIC, UK Trade Tariff).
What are the key classification criteria for silicon under HS 2804.61 versus other silicon-related codes?
HS 2804.61 specifically covers 'Silicon containing by weight not less than 99.99% of silicon'. The critical criterion for classification under this subheading is the purity level. If the silicon content is less than 99.99%, it would typically fall under HS 2804.69 ('Other silicon'). Furthermore, silicon in forms such as ferrosilicon alloys would be classified under Chapter 72 (e.g., HS 7202.21 for ferrosilicon containing by weight more than 55% of silicon). Importers must ensure their product's certificate of analysis accurately reflects the silicon purity to ensure correct classification, aligning with the Explanatory Notes to the Harmonized System for Chapter 28.
Are there any preferential duty rates or free trade agreements that impact imports of HS 2804.61?
Given that the MFN duty rate for HS 2804.61 is 0.00% in major markets like the U.S., EU, and UK, preferential duty rates under Free Trade Agreements (FTAs) or Generalized System of Preferences (GSP) schemes typically do not offer further duty reductions for this specific subheading, as the rate is already 'Free'. However, it is crucial for importers to still comply with the Rules of Origin requirements of any applicable FTA (e.g., USMCA, EU-Japan EPA) if they wish to claim preferential treatment, as this can affect other aspects of customs clearance or statistical reporting, even with a 0.00% duty rate. Always consult the specific FTA text and origin regulations.
What documentation is typically required for importing silicon classified under HS 2804.61?
Standard import documentation for HS 2804.61 includes a commercial invoice, packing list, bill of lading or air waybill, and a certificate of origin. Crucially, due to the purity requirement for this subheading, a Certificate of Analysis (CoA) or similar laboratory report detailing the silicon content (e.g., confirming 'not less than 99.99% of silicon') is highly recommended and may be requested by customs authorities to substantiate the classification. For certain applications or end-uses, additional permits or declarations related to chemical safety or environmental regulations might be necessary, depending on the destination country's specific requirements.
Are there any anti-dumping or countervailing duties (AD/CVD) currently in effect for HS 2804.61?
While the MFN duty rate for HS 2804.61 is 0.00% in many jurisdictions, importers must be vigilant regarding potential anti-dumping or countervailing duties (AD/CVD) that can be imposed on specific products from certain countries. AD/CVD duties are separate from and in addition to ordinary customs duties. For example, the U.S. has previously imposed AD/CVD on certain solar-grade silicon products, which might fall under broader categories that could include or affect material classifiable under 2804.61 depending on its form and intended use. Importers should regularly check the official trade remedy databases of the importing country (e.g., U.S. Department of Commerce, EU Commission Trade Defence) for any active AD/CVD orders that may apply to their specific product and country of origin.