Hydrogen, rare gases and other nonmetals
16 declarable lines
Heading 2804 covers the nonmetal elements in elemental form: hydrogen, the rare gases, nitrogen, oxygen, boron, tellurium, silicon, phosphorus, arsenic and selenium. The heading is split first by element, then by purity for silicon and by gas identity for the rare gases. Most lines carry a 3.7% general rate, while silicon at lower purity and most of the metalloid elements are split between free and higher rates.
Products in this heading
- Hydrogen gas, compressed or in bulk
- Argon for welding and shielding gas
- Helium for balloons and cryogenics
- Nitrogen in cylinders or liquid form
- Oxygen for medical or industrial use
- Boron powder
- Silicon of semiconductor-grade purity (99.99% or more)
- Selenium and tellurium in elemental form
How to choose the right subheading
- Identify which element the product is; each element has its own subheading line.
- For silicon, check the purity by weight: 99.99% or more, 99 to 99.99%, or below 99%.
- For rare gases, separate argon from helium, neon and other rare gases.
- Confirm the product is a pure element rather than an oxide, acid, halide or other compound.
- Check whether the element has been doped for electronics, which takes it out of this heading.
Often confused with
- Doped silicon wafers and discs for electronics
Chemical elements doped for electronic use leave this heading even though the base material is silicon.
- Heading 2801Chlorine and iodine
Halogens are classified in their own heading, not with the nonmetals of 2804.
- Heading 2814Ammonia, anhydrous or in solution
Ammonia is a nitrogen compound, not elemental nitrogen.
- Heading 2809Phosphoric acid and diphosphorus pentaoxide
These are phosphorus compounds; heading 2804 covers only elemental phosphorus.
- Heading 2805Mercury
Mercury is grouped with the metals in heading 2805.
Frequently asked questions
What is the HTS code for argon?
Argon is classified under 2804.21.00.00, and the general (MFN) rate is 3.7%.
What is the duty on silicon?
The rate depends on purity. Silicon containing 99.99% or more by weight is 2804.61.00.00 at Free, silicon at 99 to 99.99% is 2804.69.10.00 at 5.3% general (MFN), and other silicon is 2804.69.50.00 at 5.5% general (MFN).
How do I classify helium?
Helium falls under the rare gases other than argon line, 2804.29.00.10, at a general (MFN) rate of 3.7%.
Guide written from the official schedule text. Rates quoted are general (MFN) rates; check the line page for trade agreement rates and the classification of your exact product.
All lines in heading 2804
- 2804.10.00.00Hydrogen, rare gases and other nonmetals / Hydrogen3.7%
- 2804.21.00.00Hydrogen, rare gases and other nonmetals / Rare gases / Argon3.7%
- 2804.29.00.10Hydrogen, rare gases and other nonmetals / Rare gases / Helium3.7%
- 2804.29.00.20Hydrogen, rare gases and other nonmetals / Rare gases / Neon3.7%
- 2804.29.00.30Isotopically pure rare gases having a purity of 99 percent or more by volume3.7%
- 2804.29.00.55Hydrogen, rare gases and other nonmetals / Rare gases / Other3.7%
- 2804.30.00.00Hydrogen, rare gases and other nonmetals / Nitrogen3.7%
- 2804.40.00.00Hydrogen, rare gases and other nonmetals / Oxygen3.7%
- 2804.50.00.10Hydrogen, rare gases and other nonmetals / Boron; tellurium / BoronFree
- 2804.50.00.20Hydrogen, rare gases and other nonmetals / Boron; tellurium / TelluriumFree
- 2804.61.00.00Containing by weight not less than 99.99 percent of siliconFree
- 2804.69.10.00Containing by weight less than 99.99 percent but not less than 99 percent of silicon5.3%
- 2804.69.50.00Hydrogen, rare gases and other nonmetals / Silicon / Other5.5%
- 2804.70.00.00Hydrogen, rare gases and other nonmetals / PhosphorusFree
- 2804.80.00.00Hydrogen, rare gases and other nonmetals / ArsenicFree
- 2804.90.00.00Hydrogen, rare gases and other nonmetals / SeleniumFree