Analysis
HTS 2804.90.00 covers hydrogen, rare gases and other nonmetals: selenium under heading 2804 (hydrogen, rare gases and other nonmetals).
This line's footnotes point to one additional provision in Chapter 99: 9903.90.08 (measures on products of Russia). Chapter 99 duties are added on top of the general rate for goods of the countries they name, and they change more often than the rest of the schedule, so check the current CBP guidance before you rely on a total.
Within this group the rate runs from duty-free to 5.5%. Compared with 2804.69.50 (other: other), which pays 5.5%, a misclassification either way moves the duty by 5.5 percentage points.
The normal trade relations rate here is zero, shared by about 29% of the 274 tariff lines in chapter 28, a useful check when a neighbouring dutiable line is a candidate. Chapter 99 measures such as Section 301 or 232 can still apply on top, depending on where the goods come from.
Census statistics map these goods to NAICS 331410 (Nonferrous Metal (except Aluminum) Smelting and Refining), an industry of 112 US establishments employing 8,755 people. That concordance is how imports of this line are compared with US output.
Neighbouring lines
| Line | Description | General rate |
|---|---|---|
| 2804.10.00 | Hydrogen, rare gases and other nonmetals: hydrogen | 3.7% |
| 2804.21.00 | Rare gases: argon | 3.7% |
| 2804.29.00 | Rare gases: other | 3.7% |
| 2804.30.00 | Hydrogen, rare gases and other nonmetals: nitrogen | 3.7% |
| 2804.40.00 | Hydrogen, rare gases and other nonmetals: oxygen | 3.7% |
| 2804.50.00 | Hydrogen, rare gases and other nonmetals: boron; tellurium | Free |
| 2804.61.00 | Containing by weight not less than 99.99 percent of silicon | Free |
| 2804.69.10 | Containing by weight less than 99.99 percent but not less than 99 percent of silicon | 5.3% |
| 2804.69.50 | Other: other | 5.5% |
| 2804.70.00 | Hydrogen, rare gases and other nonmetals: phosphorus | Free |
| 2804.80.00 | Hydrogen, rare gases and other nonmetals: arsenic | Free |
Chapter 99 provisions in the footnotes
- 9903.90.08 measures on products of Russia
Articles the product of the Russian Federation, as provided for in U.S. note 30(a) to this subchapter and as provided for in the subheadings enumerated in U.S. note 30(b) to this subchapter