HS 280469 Other

What products does HS 280469 cover?

This subheading covers silicon, specifically "Other" forms of silicon not elsewhere specified within Heading 2804. Heading 2804 itself covers hydrogen, rare gases and other non-metals. According to the Harmonized System Explanatory Notes (HSEN) for Heading 2804, silicon is a non-metal element. Subheading 2804.61 specifically covers silicon containing by weight not less than 99.99% of silicon. Therefore, 2804.69 encompasses silicon that does not meet this purity threshold, or silicon in forms not explicitly covered by other subheadings under 2804.60, such as metallurgical grade silicon with lower purity, as defined by the USITC Harmonized Tariff Schedule (HTS) and EU TARIC. This includes various industrial grades of silicon used in chemical and metallurgical applications where ultra-high purity is not required.

What falls outside HS 280469?

The following products are excluded from HS 280469: silicon containing by weight not less than 99.99% of silicon, which is specifically classified under HS 2804.61. Furthermore, ferrosilicon, an alloy of iron and silicon, is excluded and classified under Heading 7202, specifically 7202.21, 7202.29, or 7202.99, depending on its silicon content and form, as it is considered an ferro-alloy rather than elemental silicon. Silicon carbide, a compound of silicon and carbon, is also excluded and classified under Heading 2849, specifically 2849.20.00, as it is a chemical compound, not an uncombined non-metal. Similarly, silicon in the form of wafers, whether or not polished, for use in electronics, falls under Heading 3818, specifically 3818.00.00, due to its specific form and intended use, even if it is of high purity.

What are common classification mistakes for HS 280469?

A common error is misclassifying high-purity silicon under 280469 when it correctly belongs to 280461. Importers sometimes overlook the specific purity threshold of "not less than 99.99% by weight" for 2804.61, leading to incorrect classification of ultra-pure silicon in the "Other" category. Another frequent mistake involves classifying silicon alloys, such as ferrosilicon, under Heading 2804 instead of Heading 7202. This error often arises from a failure to apply General Interpretative Rule (GRI) 1, which states that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Additionally, confusion can occur with silicon compounds like silicon carbide (2849.20.00) or silicon wafers (3818.00.00), which are distinct chemical compounds or articles, not elemental silicon, requiring careful attention to the product's chemical nature and form.

How should importers classify products under HS 280469?

The correct procedure for classifying silicon products under HS 280469 involves a meticulous review of the product's chemical composition, particularly its purity level, and its physical form. Importers and customs brokers must first ascertain the silicon content by weight. If the silicon content is less than 99.99% by weight, then 2804.69 is the appropriate subheading. If the purity is 99.99% or greater, it must be classified under 2804.61. Furthermore, it is crucial to confirm that the product is elemental silicon and not an alloy (e.g., ferrosilicon, Heading 7202), a compound (e.g., silicon carbide, Heading 2849), or an article (e.g., silicon wafers, Heading 3818). Always consult the WCO Harmonized System Explanatory Notes, the USITC HTS, and the EU TARIC for definitive guidance and any specific national rulings to ensure accurate and compliant classification, thereby avoiding potential penalties or delays.