The articles are Hewlett Packard 51649A printer cartridges to be used in ink jet printers in conjunction with automatic data processing machines. A broker for the importer entered the articles under subheading 9801.00.1043, HTSUS, which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, articles provided for in headings 8469, 8470, 8471, 8472 or 8473. When the broker did not timely respond to either the CF 28 or CF 29 requesting a drawback affidavit and proposing a rate advance, respectively, Customs classified the articles under heading 3707, HTSUS, as other chemical preparations for photographic uses. The importer subsequently filed a corrected entry summary (CF 7501) which indicated classification under subheading 8473.30.30, HTSUS, which provides for parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472: other parts for printers, specified in additional U.S. note 2 to chapter 73. The articles were entered on September 30, 1998, and the entry was liquidated on March 12, 1999. The protest was filed on June 10, 1999.

Initially we note that the protest was timely filed (i.e., within 90 days after but not before the notice of liquidation; see 19 U.S.C. 1514 (c)(3)(A)) and the matters protested are protestable (see 1514 U.S.C. 1514 (a)(2) and (5)). Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. If GRI 1 fails to classify the goods and if the heading and legal notes do not otherwise require, the remaining GRIs are applied, taken in order. The HTSUS provisions under consideration are as follows: 3707 Chemical preparations for photographic uses (other than varnishes, glues, adhesives and similar preparations); unmixed products for photographic uses, put up in measured portions or put up for retail sale in a form ready for use: 3707.90 Other: Chemical preparations for photographic uses: 3707.90.32 Other. * * * 8473 Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472: Parts: 8473.30 Parts and accessories of the machines of heading 8471: 8473.30.30 Other parts for printers, specified in additional U.S. note 2 to this chapter. When interpreting and implementing the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. Customs believes the ENs should always be consulted. See, T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989). General Note 2 to Chapter 37 provides that “the word ‘photographic' relates to the process by which visible images are formed, directly or indirectly, by the action of light or other forms of radiation on photosensitive surfaces.” Grolier's Encyclopedia (Grolier Electronic Publishing, 1994)(hereinafter “Grolier's”), under the heading “photography” elaborates: The fundamental physical principle of photography is that light falling briefly on the grains of certain insoluble silver salts (silver chloride, bromide, or iodide) produces small, invisible changes in the grains. When placed in certain chemical solutions known as developers, the affected grains are converted into a black form of silver. The ink jet printer cartridges do not form visible images “by the action of light or other forms of radiation on photosensitive surfaces,” nor is there any evidence that the ink jet cartridges contain “grains of certain insoluble silver salts.” Under the heading “printer, computer,” Grolier's provides that “a printer is a computer output device that records information on paper.” An ink jet printer “fire[s] small bursts of ink at the paper.” As such, the ink jet cartridge is not classifiable as a chemical preparation for photographic use. The laser printer, an electronic machine used in conjunction with an automatic data processing machine (the ink jet cartridges of which are subject of the protest) is clearly classifiable in Chapter 84, which provides for, inter alia, machinery and mechanical appliances; parts thereof. The ink jet cartridge is an integral part of the printer. “Where a particular part of an article is provided for specifically, a part of that particular part is more specifically provided for as part of the part than as part of the whole.” Sturm, Ruth; Customs Law & Administration, 3rd Edition, section 54.9, p. 57 (citing C.F. Liebert v. United States, 60 Cust. Ct. 677, C.D. 3499, 287 F. Supp. 1008 (1968); Foster Wheeler Corp. v. United States, 61 Cust. Ct. 166, C.D. 3556, 290 F. Supp. 375 (1968); and Korody-Colyer Corp. v. United States, 66 Cust. Ct. 337, C.D. 4212 (1971)). Section XVI (in which Chapter 84 is found), note 2, HTSUS, states that: [s]ubject to note 1 to this section, note 1 to chapter 84 and to note 1 to chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules: (a) Parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8485 and 8548) are in all cases to be classified in their respective headings; (b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517; (c) All other parts are to be classified in heading 8485 or 8548. Subject to certain exceptions not relevant here, goods that are identifiable parts of machines or apparatus of Chapter 84 or Chapter 85 are classifiable in accordance with Section XVI, Note 2, HTSUS. Nidec Corporation v. United States, 861 F. Supp. 136, aff'd, 68 F. 3d 1333 (1995). Parts, which are goods included in any of the headings of Chapters 84 and 85, are in all cases to be classified in their respective headings. See Note 2(a). Other parts, if suitable for use solely or principally with a particular machine, or with a number of machines of the same heading, are to be classified with the machines of that kind. See Note 2(b). Additional U.S. Note 2 to Chapter 84 provides, in pertinent part, that: Subheadings 8473.30.30 and 8473.30.60 cover the following parts of printers of subheading 8471.60: * * * (c) Laser imaging assemblies, incorporating more than one of the following: photoreceptor belt or cylinder, toner receptacle unit, toner developing unit, charge/discharge units, cleaning unit[.] Laser printers for use with automatic data processing machines are classifiable under heading 8471, HTSUS. See, e.g., HQ 957028, dated November 16, 1994; HQ 951222, dated March 14, 1994; HQ 955018, dated January 25, 1994; and HQ 955263, dated January 19, 1994. The ink jet cartridges, which constitute an integral part of the printers, in accordance with the above-referenced section and chapter notes, are classifiable as parts of the printers under heading 8473, HTSUS.


HQ 965366 September 24, 2002 CLA-2 RR:CR:GC 965366 BJB CATEGORY: Classification TARIFF NO.: 8419.89.90; 8419.90.80 Port Director U.S. Customs Service 555 Battery Street San Francisco, CA 94126 RE: Protest 2809-01-100717; Polymerase Chain Reaction Machine (PCR machine); Thermal cycler; DNA replication; and Heating/cooling apparatus Dear Port Director: This is our decision regarding Protest 2809-01-100717, filed on behalf of Applied Biosystems (“protestant”) concerning the classification, under the Harmonized Tariff Schedule of the United States (“HTSUS”), of polymerase chain reaction machines and parts. In preparing this decision, consideration was given to protestant’s additional submission submitted on May 20, 2002, and telephone conferences held with Applied Biosystems’ personnel and a member of my staff on September 24, 2002. FACTS: Protestant describes the subject merchandise as “a machine which duplicates DNA or RNA by a process known as ‘polymerase chain reaction’ (“PCR”).” The subject entries were filed on June 13, 2001, and liquidated on July 13, 2001. The protest was filed on October 11, 2001. The entries contained polymerase chain reaction machines, models “GeneAmp PCR System” 9700, 9600, 2400, and 1000, and parts. Protestant provided descriptions, schematics, specifications, and marketing materials in support of its protest. Protestant claims that the subject machines are “PCR machines and parts,” that function to provide “millions of copies of genetic material from a specimen of DNA or RNA material placed in the machine[s.]” The subject goods are advertised and described on protestant’s website as “thermal cyclers.” See www.appliedbiosystems.com. The Office of Science Education and Outreach of the National Human Genome Research Institute, of the United States National Institutes of Health, provides that the PCR process, “sometimes called ‘molecular photocopying,’ . . . is a fast and inexpensive technique used to amplify or copy, small segments of DNA.” The entire cycling process of PCR is automated and “is directed by a machine called a thermocycler, which is programmed to alter the temperature of the reaction every few minutes to allow DNA denaturing and synthesis.” www.nhgri.nih.gov/DIR/VIP/Learing_Tools/Fact_Sh…/pcr. htm. To perform the PCR process, a thermal cycler machine only requires “a reaction tube, reagents, and a source of heat.” Insofar “as different temperatures are optimal for each of the three steps” of PCR, “machines now control these temperature variations automatically.” Each cycle takes only 1-3 minutes, thus, “repeating the process for just 45 minutes can generate millions of copies of a specific DNA strand.” The rapid cycling and copying that can be accomplished in a week used to take a year of laboratory work. The Polymerase Chain Reaction, Tabitha M. Powledge, www.faseb.org/opar/ bloodsupply/pcr.html, August 6, 2002. Protestant provides that all of the subject thermal cyclers are substantially similar to the “GeneAmp PCR System 9700,” in terms of purpose and function[.]” Model 9700 relies upon solid state thermoelectric devices (“TEDs”) for “accomplishing both heating and cooling.” Protestant provides that “TEDs provide the same heating and cooling functions that are performed in the compressor type refrigeration units” in the other thermal cycler models. (Exhibit A, at 1-17). Model 9700’s sample block assembly consists of a sample block well plate, heated cover assembly, TEDs, sample block temperature sensor, heat sink, heat sink temperature sensor, and a TED interface board. The heating and cooling in a TED device is a function of thermal conductivity, semiconductor resistance, and current. Individual thermal couplers are connected to make a module. Each module is electrically connected in a series and then stacked parallel to each other to create a larger heating and cooling surface area. Model 9700 relies upon the use of the four TEDs to cover the majority of the sample platform which is thermally connected with thermal compound and a power amplifier. Model 9600 is heated by a film heater and is cooled by an internal refrigeration unit that circulates cooled liquid through the sample block. This model holds the DNA sample material in small reaction tubes. Model 2400 uses cartridge heaters and an internal refrigeration unit that circulates cooled liquid through the sample block. Like models 9700 and 9600, the DNA sample material is held in small reaction tubes. Model 1000 uses cartridge heaters and an internal refrigeration unit that circulates cooled liquid through the sample block. This model holds the genetic sample material in situ, in 10 parallel rows of closely spaced vertical slots in the sample block, each of which holds a glass slide tightly for proper thermal contact. The slides completely encapsulate the reagent materials. Generally, the thermal cyclers’ sample block (container) assemblies hold the tubes that contain the PCR sample. The heated cover of the sample block assembly is placed over the PCR samples during a reaction and thereby prevents sample evaporation, condensation buildup, and increases heat transfer by pressing (forcing) the sample tubes firmly into the wells of the sample platform. In the more recent models, the sample container is heated and cooled by a Peltier type thermoelectric heat pump. The user interface of the electrical system allows the user to enter the thermal cycler run conditions including time and temperature parameters. The electrical system and temperature sensors located in the sample container insure that the temperature of the sample container corresponds to the user-programmed information. In Model 9700 the top of the sample container block assembly is either a gold-plated silver, or an aluminum well-plate. The well-plates help distribute heat evenly between the 384 sample wells. Beneath the well-plates are four thermo-electric pads. These pads heat and cool the metal plates. They are composed of small pairs of dielectric metal plates sandwiched between ceramic pads. An electric current runs through the metal pairs, causing either heating or cooling, depending on the direction of the current. There are three basic steps in the PCR process. First, the target genetic material must be “denatured;” the strands of a DNA helix must be unwound and separated. This is done by heating the sample material to 90-96 degrees Celsius. Second, the material goes through a process of hybridization or annealing, by being cooled at a measured rate to a precise temperature, in which the primers bind to their complementary bases on the now single-stranded DNA. The third step is the DNA synthesis by a polymerase. These enzymes are employed in nature by living cells to replicate their own DNA or RNA. The result is two new helixes in place of the first, each composed of one of the original strands plus its newly assembled complementary strand. Supra.,Powledge, at 3. Upon entry, protestant classified the subject thermal cyclers under subheading 9032.89.90, HTSUS, as “[a]utomatic regulating or controlling instruments and apparatus; parts and accessories thereof: Other instruments and apparatus: Other: Other[.]” The subject machine parts were entered under subheading 9032.90.00, HTSUS, as “[a]utomatic regulating or controlling instruments and apparatus; parts and accessories thereof: Parts and accessories[.]” The entries were liquidated under subheading 8419.89.90, HTSUS, as “[m]achinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, nonelectric; parts thereof: Other: Other[,]” and under subheading 8419.90.80, HTSUS, as “. . . Parts: Other[.]” ISSUE: What is the classification under the HTSUS of the subject thermal cycler machines and parts? LAW AND ANALYSIS: We note initially that the protest was timely filed under the statutory and regulatory provisions for protests, 19 U.S.C. 1514(c)(3)(A) and 19 CFR 174.12(e)(1). Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRI’s”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI’s may then be applied. The Harmonized Commodity Description and Coding System Explanatory Notes (“EN’s”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the EN’s provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80. The HTSUS (2001) provisions under consideration are as follows: 8419 Machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, nonelectric; parts thereof: Other: 8419.89.90 Other . . . . ( ( ( ( ( ( 9032 Automatic regulating or controlling instruments and apparatus; parts and accessories thereof: Other: 9032.89.60 Other . . . . * * * * * * I. Thermal Cyclers: Protestant claims the subject thermal cyclers should be considered “[a]utomatic regulating or controlling instruments and apparatus[,]” under heading 9032, HTSUS, as they regulate and control multiple temperatures at specific exposure times, including the constant monitoring of reaction well temperatures, in precise sequences over numerous cycles, necessary to conduct the PCR process and DNA replication. Protestant claims the machines are not described under heading 8419, HTSUS, as laboratory equipment for treatment of materials by a process involving a change of temperature.” EN 84.19, in pertinent part, provides for machinery and plant “designed to submit materials (solid, liquid or gaseous) to a heating or cooling process in order to cause a simple change of temperature, or to cause a transformation of the materials resulting principally from the temperature change[.]” Pursuant to Section XVI, Note 1(m), HTSUS (2001), (which includes Chapters 84 and 85), the “section does not cover: . . . [a]rticles of chapter 90.” Therefore, if the thermal cyclers are an instrument or apparatus of heading 9032, HTSUS, or any other heading of chapter 90, they cannot be classified in chapter 84, HTSUS. Note 6 to Chapter 90 (2001) provides: Heading 9032 applies only to: (a) Instruments and apparatus for automatically controlling the flow, level, pressure or other variables of liquids or gases, or for automatically controlling temperature, whether or not their operation depends on an electrical phenomenon which varies according to the factor to be automatically controlled; and (b) Automatic regulators of electrical quantities, and instruments and apparatus for automatically controlling non-electrical quantities the operation of which depends on an electrical phenomenon varying according to the factor to be controlled. EN 90.32 (2001) provides in pertinent part as follows: In accordance with Note 6 to this Chapter, this heading covers: (A) Instruments and apparatus for automatically controlling the flow, level, pressure or other variables of liquids or gases, or for automatically controlling temperature, whether or not their operation depends on an electrical phenomenon which varies according to the factor to be automatically controlled, which are designed to bring this factor to, and maintain it at, a desired value, stabilised against disturbances, by constantly or periodically measuring its actual value; and (B) Automatic regulators of electrical quantities, and instruments and apparatus for automatically controlling non-electrical quantities, the operation of which depends on an electrical phenomenon varying according to the factor to be controlled, which are designed to bring this factor to, and maintain it at, a desired value, stabilised against disturbances, by constantly or periodically measuring its actual value. . . . Automatic control apparatus for liquids or gases and apparatus for automatically controlling temperature form part of complete automatic control systems and consist essentially of the following devices: (A) A device for measuring the variable to be controlled (pressure or level in a tank, temperature in a room, etc.) . . . (B) A control device which compares the measured value with the desired value and actuates the device described in (C) below accordingly. (C) A starting, stopping or operating device. Apparatus for automatically controlling liquids or gases or temperature, within the meaning of Note 6(a) to this Chapter, consists of these three devices forming a single entity or in accordance with Note 3 to this Chapter, a functional unit. Some instruments and apparatus do not incorporate devices which compare the measured value with the desired value. They are directly activated by means of a switch, e.g., when the predetermined value is reached.” Protestant claims that the subject thermal cyclers meet all of the above requirements under heading 9032, HTSUS, because these machines regulate and control the temperatures necessary for the PCR process. Protestant relies upon evidence provided that the thermal cyclers automatically control the temperature of DNA samples in a liquid solution by electronic means, minimize temperature variations and ramp times, monitor exposure times, and track the number of cycles performed to replicate the sample DNA or RNA. The control settings vary temperature over 3-step cycles and automatically correct temperature variations, of plus or minus .25 of a degree Celsius, through a precise temperature sensor feedback system. Protestant claims that “[t]he precise coordination and regulation of these temperature changes and cycles make it possible for the polymerase enzymes to replicate the DNA or RNA.” Further, protestant claims that the cyclers’ contain an integrated RTD (Resistive Temperature Device) temperature sensor and a heat sink temperature sensor in the interchangeable block assembly module supported by a CPU board control system which compares the measured value (temperature) with the desired value, and regulates the amount of electricity to the TEDs through the power amplifier. Protestant concludes that “[s]tarting, stopping or operation of the instrument is also provided by the CPU board[,]” and the thermal cycler also “calculates the required primer annealing temperatures and selects the proper PCR sequence to run to produce the required results.” The primary function of the subject machines is to greatly accelerate the replication of DNA and produce high yield output. Heading 9032, HTSUS, is “only” for an instrument that controls and regulates. The significance of the subject thermal cycler machines is their capacity to rapidly heat and cool DNA sample material at precise temperatures, in pre-programmed sequences, and in repetitive, reproducible cycles. Although protestant claims the thermal cyclers are apparatus for regulating and controlling temperature, protestant’s Exhibit A, in the section entitled “Systems,” provides that Model 9700 consists of the following three main systems: 1) interchangeable sample block (container) module; 2) base module (in which the sample container rests); and 3) electrical system; and that “[t]hese three systems work together to rapidly and uniformly heat and cool the PCR sample. Moreover, protestant’s Exhibit A, in the section entitled: “Theory of Operation,” page 1-5, provides that “[h]eating and cooling of the samples, . . . is essential to the PCR[.]” These machines do use temperature sensors and other components to regulate temperature control. Together these components primarily function to determine when to issue instructions to change the temperature, not to maintain it, and when to follow the next pre-programmed sequence of heating and cooling essential to the PCR process. Further, the thermal cyclers rely upon and use a lot of additional information for heating and cooling the DNA sample material well beyond the current temperature of that material. EN 90.32, in pertinent part, provides that, “[t]he automatic regulators of this heading are intended for use in complete automatic control systems . . . , and maintain it [in this case, the temperature] at, a desired value, stabilised against any disturbances, by constantly or periodically measuring its actual value.” The subject goods are not designed to maintain a single temperature. They are specifically designed to keep temperatures changing at very brief time intervals to achieve rapid heating and cooling of the DNA material. The thermal cyclers have sample blocks in a heat well that is covered to form a heating and cooling chamber or cabinet, and the temperature of the DNA samples is constantly measured. However, this type of regulation and control device is not the kind of automatic regulation or control contemplated by Note 6 to Chapter 90, or EN 90.32. EN 90.32(I)(E) describes “[t]emperature regulators for setting and maintaining pre-set temperatures on electrical heating appliances” as very simple devices used to operate “a switch to make and break the power circuit,” and “the ‘On’ and ‘Off’ periods (and consequently the temperature of the heating elements) being determined by the position of a manual control dial . . ..” Although the subject machines also have manual controls, they are designed to fully automate the PCR process and through pre-programmed sequences harness automation to perform numerous cycles that provide exact DNA replication. The function performed by the thermal cyclers is not one described by heading 9032, HTSUS. No other headings in Chapter 90, HTSUS, describe the subject goods. Chapter 84 Note 2, HTSUS (2001), in pertinent part, provides that “Heading 8419 does not, however, cover: (e) Machinery or plant, designed for mechanical operation, in which a change of temperature, even if necessary, is subsidiary.” EN 84.19, in pertinent part, further provides that “the heading excludes machinery and plant in which the heating or cooling, even if essential, is merely a secondary function designed to facilitate the main mechanical function of the machine or plant[.]” Protestant claims that the principal function of the subject machines is to regulate and control the biochemical PCR process and DNA replication. Protestant also claims that the thermal cyclers’ heating and cooling function is secondary to their “main mechanical function,” and are therefore excluded from classification under heading 8419, HTSUS. However, neither the thermal cyclers’ biochemical PCR process, nor its rapid heating and cooling of DNA sample material, used to accelerate DNA replication and yield, are mechanical functions. Thus, the subject thermal cyclers are not excluded under the language of Chapter 84, Note 2(e), or EN 84.19. Support for this interpretation is found in EN 84.19, in pertinent part, which provides that “machinery and plant classified in this heading may or may not incorporate mechanical equipment.” Protestant also claims that the subject goods are not described in heading 8419, HTSUS, or the ENs, because neither the PCR process, nor the heating/cooling functions, are “simple” changes of temperature or “simple” processes. Protestant further claims that the thermal cyclers’ heating and cooling do not cause a transformation of the DNA material principally resulting from these temperature changes. However, heading 8419, does provide for “machinery, plant or laboratory equipment, . . ., for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, . . . or cooling[.]” (Emphasis added.) The heading only requires that the laboratory equipment or machinery involve a change of temperature. We note, that EN 84.19 describes many complicated machines which require very careful monitoring and controlling of temperatures, including oil fractionating machinery and laboratory lyophilisation apparatus. See EN 84.19 (II) (B) and (III) (B). Thus, laboratory equipment that changes temperature in sequences, or rapidly heats and cools to precise temperatures, still meets the description provided in this heading. As noted above, the first step of the PCR process is to heat the DNA sample material to 94-96 degrees Celsius for approximately one minute. Only once the DNA sample material is heated will its helix strands separate. Absent this “denaturing,” the remaining steps of the PCR process cannot take place. This first step is, therefore, fundamental to the entire PCR process. Without a completion of “denaturing,” DNA replication will not take place and accelerated cycling will not achieve a high yield output. The heating and cooling of the DNA sample material, does principally cause the denaturing of the helix’s strands and results in a transformation described under heading 8419, HTSUS. Heading 8419, HTSUS, also provides a list of processes recognized as “involving a change of temperature.” This list, which includes processes “such as heating . . . or cooling[,]” is not an exhaustive list. It is not limited to singular or elementary changes of temperature. The heading does not exclude changes of temperature rapidly attained, briefly maintained, arranged in sequences, or pre-programmed to be regularly changed. Therefore, subject machines involve changes of temperature described under heading 8419, HTSUS. EN 84.19, in pertinent part, also provides that ”[t]he heading covers machinery and plant designed . . . to cause a transformation of the materials resulting principally from the temperature change (e.g., heating, cooking, roasting, distilling, rectifying, sterilising, pasteurising, steaming, drying, evaporating, vaporising, condensing or cooling processes). Protestant claims that genetic copying does not principally result from the temperature change, as PCR is a biochemical process and results from the biochemical enzymes and primers. However, absent the capacity to heat to a precise temperature, neither denaturing nor DNA copying will take place. Without the accurate and precise fluctuation of heating and cooling temperatures none of the three steps in the PCR process will succeed. The polymerase enzyme activity is a biochemical activity that takes place in nature. The function of the thermocyclers is to rapidly and precisely produce those temperatures according to a precise time and temperature sequence. In terms of heading 8419, HTSUS, the subject machines produce heat which results in a transformation that occurs in the denaturing process. Therefore, the subject thermal cyclers are classifiable in subheading 8419.89.90, which provides for, “[m]achinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, nonelectric; parts thereof: Other: Other[,]” II. Parts: Section XVI, Note 2, HTSUS, provides as follows: Subject to note 1 to this section, note 1 to chapter 84 and to note 1 to chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546, or 8547) are to be classified according to the following rules, in pertinent part: Parts which are goods included in any of the headings of chapter 84 or 85 (other than headings 8409, 8431, 8448, 8466, 8473, 8485, 8503, 8522, 8529, 8538, and 8548) are in all cases to be classified in their respective headings; Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529, or 8538 as appropriate. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 are to be classified in heading 8517; . . . . The entry and protest documents include a reference to “parts” for the subject thermal cycler machines. At entry protestant classified these goods under subheading 9032.90.00, HTSUS, as parts of “[a]utomatic regulating or controlling instruments and apparatus[.]” Classifying these goods under subheading 8419.90.80, supra., you concurred that they were parts suitable for use solely or principally with the subject thermal cycler machines classifiable under heading 8419, HTSUS, Note 2(b), above. Absent any evidence to the contrary, they are classifiable in subheading 8419.90.80, HTSUS, as: “[m]achinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, nonelectric; parts thereof: Parts: Other[.]” HOLDING: At GRI 1, the subject thermo cyclers are all classifiable under subheading 8419.89.90, HTSUS, which provides for “[m]achinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, nonelectric; parts thereof: Other: Other. “ At GRI 1, the thermo cycler parts are classifiable under subheading 8419.90.80, HTSUS, which provides for “[m]achinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, nonelectric; parts thereof: Parts: Other[.]” You are instructed to DENY the protest. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.treas.gov, by means of the Freedom of Information Act, and other methods of public distribution. Sincerely, Myles B. Harmon, Acting Director Commercial Rulings Division


HQ 965484 April 18, 2001 CLA-2 RR:CR:GC 965484 GOB CATEGORY: Classification TARIFF NO.: 9031.49.90 Port Director U.S. Customs Service 555 Battery Street San Francisco, CA 94111 RE: Protest 2809-01-100928; RoboVector; RoboSquare; RoboLaser Dear Port Director: This is our decision regarding Protest 2809-01-100928, filed on behalf of TLZ, Inc. (“protestant”), concerning the classification, under the Harmonized Tariff Schedule of the United States (“HTSUS”), of a RoboVector, RoboLaser, and RoboSquare. FACTS: The file reflects the following. The 11 entries at issue were filed between December 1, 2000 and January 15, 2001. They were liquidated between October 12, 2001 and November 30, 2001. The protest was filed on December 3, 2001. The RoboVector is stated to be an electro-mechanical pendulum-based leveling system which consists of two printed circuit boards and a visible laser diode. The laser diode is suspended on a pendulum and uses gravity to find true level. The RoboVector does not use traditional mechanical “spirit vials” for leveling. The RoboLaser is stated to be an electro-mechanical pendulum-based visible leveling system which consists of five printed circuit boards and a silicon-based visible laser diode. The laser diode is suspended on a pendulum and uses gravity to find true level. It also has a remote control to allow the user to rotate the unit from up to 100 feet. The RoboLaser does not use traditional mechanical “spirit vials” for leveling. The RoboSquare is stated to be an electro-mechanical pendulum-based visible leveling system which consists of one printed circuit board and a silicon-based visible laser diode. These goods are used in construction applications to: align pipes, piers, and posts; square foundations, walls, decks, window frames and door frames; plumb walls, posts and door frames; set drainage grades; and furnish reference points for HVAC (heat, ventilation, air conditioning), lighting, sprinkler systems and skylights. The RoboVector, RoboLaser, and RoboSquare were entered under subheading 9015.30.80, HTSUS, and the entries were liquidated under that provision. The protestant now claims that they are classified in subheading 9015.30.40, HTSUS. ISSUE: What is the classification under the HTSUS of the RoboVector, RoboLaser, and RoboSquare? LAW AND ANALYSIS: We note initially that the protest was timely filed under the statutory and regulatory provisions for protests, 19 U.S.C. 1514(c)(3)(A) and 19 CFR 174.12(e)(1). Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRI’s”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI’s may then be applied. The Harmonized Commodity Description and Coding System Explanatory Notes (“EN’s”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the EN’s provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80. The HTSUS provisions under consideration are as follows: 9015 Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses, rangefinders; parts and accessories thereof: 9015.30 Levels: 9015.30.40 Electrical 9015.30.80 Other * * * * * 9031 Measuring or checking instruments, appliances and machines not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other optical instruments and appliances: 9031.49 Other: 9031.49.90 Other EN 90.15 provides in pertinent part as follows: This heading does not cover: . . . (b) Levels (air bubble type, etc.) used in building or constructional work (e.g., by masons, carpenters or mechanics), and plumb-lines (heading 90.31). As stated above, the RoboVector, RoboSquare, and RoboLaser are types of levels. “Level” is defined in pertinent part as follows in The Random House Dictionary of the English Language (unabridged ed.; 1973): “a device used for determining or adjusting something to a horizontal surface . . . Also called a surveyor’s level, an instrument for observing levels, having a sighting device, usually telescopic, and capable of being made precisely horizontal ...” We believe that the RoboVector, RoboSquare, RoboLaser meet the first definition above, i.e., “a device used for determining or adjusting something to a horizontal surface.” We find that the RoboVector, RoboSquare, and RoboLaser are not described in heading 9015, HTSUS. The only function described in the heading which might describe these goods is “surveying.” However, the protestant has not established that these goods are used for surveying or that they are surveyor’s levels. Further, there is no indication that they are the same or similar to the class of levels goods described in EN 90.15. We find that the RoboVector, RoboSquare, and RoboLaser are within the exclusion of EN 90.15, excerpted above. The laser diode aids these goods in determining true level. Therefore, we find that they are not described in heading 9015, HTSUS. The exclusion directs us to heading 9031, HTSUS, which includes the following language: “ . . . not specified or included elsewhere in this chapter . . .” After a review of the other headings in Chapter 90, HTSUS, we conclude that none of these other headings describes the RoboVector, RoboSquare, and RoboLaser. Further, they are measuring or checking instruments, i.e., they are described in heading 9031, HTSUS. They contain a laser which is an optical device incorporating optical elements. Accordingly, we find that the RoboVector, RoboSquare, and RoboLaser are described in heading 9031, HTSUS, and are classified in subheading 9031.49.90, HTSUS, as: “Measuring or checking instruments, appliances and machines not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: . . . Other optical instruments and appliances: . . . Other: . . . Other.” This determination is consistent with HQ 965389 dated April 11, 2002, where we found the RoboVector to be classified in subheading 9031.49.90, HTSUS. HOLDING: The RoboVector, RoboSquare, and RoboLaser are described in heading 9031, HTSUS, and are classified in subheading 9031.49.90, HTSUS, as: “Measuring or checking instruments, appliances and machines not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: . . . Other optical instruments and appliances: . . . Other: . . . Other.” Since the rate of duty under the classification indicated above is more than the liquidated rate, you are instructed to DENY the protest. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.treas.gov, by means of the Freedom of Information Act, and other methods of public distribution. Sincerely, John Durant, Director Commercial Rulings Division


The merchandise at issue, the Altura 835 Dual Beam System is an 8” focused dual beam device which employs an ion beam for milling and preparing semiconductor wafers for defect and quality control examination using a scanning electron microscope. The system consists of: (1) an immersion field emission scanning electron microscope (FE-SEM); (2) a focused ion-beam (FIB) to mill and prepare cross-sections of the semiconductor wafers for inspection and analysis (using the electron microscope); and (3) a “load lock” which transfers the semiconductor wafers to the stage. The “load lock” consists of two main parts: the load lock chamber and the load lock arm. The load lock chamber consists of a milled aluminum block with a slit that functions as a feed-through to the specimen chamber. The specimen chamber also has a slit. The wafer (holder) is transported from the load lock chamber to the specimen chamber by the load lock arm. This is done by rotating the arm to the stage. Transport of the wafer to the stage is achieved by a Z-translation of the stage in combination with a clamping mechanism. The entries were liquidated on May 30, 2002, and this protest timely filed on August 22, 2002.

Protest Number 2904-02-100316
Dual Beam System
Scanning Electron Microscope
Handling and Transport Equipment
ITA.

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied. In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes (ENs) may be utilized. ENs, though not dispositive or legally binding, provide commentary on the scope of each heading of the HTSUS, and are the official interpretation of the Harmonized System at the international level. Customs believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989). The HTSUS provisions under consideration are as follows: 9012 Microscopes other than optical microscopes; diffraction apparatus; parts and accessories thereof: 9012.10.00 Microscopes other than optical microscopes; diffraction apparatus * * * 9012.90.00 Parts and accessories * * * 9031 Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: 9031.80 Other instruments, appliances and machines: 9031.80.40 Electron beam microscopes fitted with the equipment specifically designed for the handling and transport of semiconductor wafers or reticles While the Protestant argues that the instant merchandise is provided for in subheading 9031.80.40, HTSUS, according to GRI 1 we must first determine classification at the 4-digit heading level. The ENs to heading 9031, HTSUS, exclude from classification in that heading microscopes of headings 9011 or 9012, HTSUS. Microscopes of heading 9012, HTSUS, include “electron microscopes [which] differ from optical microscopes in that they use a beam of electrons instead of light rays.” EN 90.12(A). EN 90.12(A) states that the heading includes “scanning electron microscopes in which a very fine beam of electrons is directed repeatedly onto different points of the sample. Information is obtained by measuring, for example, the electrons transmitted, the secondary electrons emitted, or the optical rays. The result may then be displayed on a monitor screen which can be incorporated in the microscope.” The ENs also provide in part that the “electron microscope has many uses both in the field of pure science (biological or medical research, composition of matter, etc.), and in industrial technique (examination of fumes, dust, textile fibres, colloids, etc.; examination of the structure of metals, paper, etc.).” Id. The Altura 835 Dual Beam System is, at least in part, an electron beam microscope. Semiconductor wafers are processed, cut and milled, by an ion beam milling device and examined for defects and quality control using the electron beam microscope. The legal text of the heading “microscopes other than optical microscopes” is broad, explicitly excluding only one class of microscope (optical). The ENs buttress the breadth of the legal text by stating that electron microscopes for several uses in various fields of study are included in the heading. The ENs regarding SEMs simply state the beams are “directed repeatedly onto different points of the sample.” Accordingly, the scope of heading 9012, HTSUS, encompasses many SEMs, including those designed for use in the semiconductor wafer industry. However, the instant merchandise is not just a SEM. It is a SEM fitted with equipment specifically designed for handling and transporting semiconductor wafers via the load lock system. When the U.S. entered into the Information Technology Agreement (ITA), which went into effect on July 1, 1997, Presidential Proclamation No. 7011; 62 FR 35909 (July 2, 1997), the U.S. notified the other signatories that it would classify “electron beam microscopes fitted with the equipment specifically designed for the handling and transport of semiconductor wafers or reticles” under subheading 9031.80.40, HTSUS. Under the ITA, the U.S. added other provisions which included microscopes fitted with “equipment specifically designed for the handling and transport of semiconductor wafers or reticles” under various provisions of heading 9031, HTSUS, such as optical stereoscopic microscopes and photomicrographic microscopes “fitted with equipment specifically designed for the handling and transport of semiconductor wafers or reticles” under subheading 9031.41.00, HTSUS. This latter provision was discussed in HQ 959109, dated October 5, 1998. In HQ 959109, we classified two binocular microscopes designed for examining photomasks and semiconductor wafers in heading 9011, HTSUS. Though the merchandise at issue was entered prior to the ITA, Customs discussed the relevance of the ITA with respect to the merchandise at issue. The microscopes, in their condition as imported, could not perform any measuring or checking function as they did not measure a quantity or check against a standard. Further, the stands and specimen stages with which they were fitted, although they were motorized, were not deemed “specifically designed for the handling and transport…” because the stage equipment was no more than that which might ordinarily be part of those types of microscopes in heading 9011, HTSUS. That is, they simply held a wafer in place. See Carl Zeiss, Inc. v. United States, 16 F. Supp. 2d 1097 (CIT 1998), aff'd 195 F. 3d 1375, (Fed. Cir. 1999). As discussed above, the instant merchandise performs measuring and checking functions upon importation. Unlike the microscopes at issue in HQ 959109, the load lock is specifically designed for the handling and transport of semiconductor wafers and reticles via its load lock system. Note 3 to Chapter 90, HTSUS states that the provisions of Note 4 to Section XVI apply to Chapter 90. Section XVI, Note 4, HTSUS, provides in relevant part that where a machine or combination of machines consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function then the whole falls to be classified in the heading appropriate to that function. Included in this note are “functional units,” which are described in Part (VII) of the General ENs to Section XVI, which accordingly applies to Chapter 90. See Part (IV), General ENs, Chapter 90. In addition to reiterating the language in the legal note, the ENs on functional units per Section XVI, Note 4 state, in part, the following: For the purposes of this Note, the expression “intended to contribute together to a clearly defined function” covers only machines and combinations of machines essential to the performance of the function specific to the functional unit as a whole, and thus excludes machines or appliances fulfilling auxiliary functions and which do not contribute to the function of the whole. The Altura 835 consists of a SEM and handling and transport equipment which work together and are designed specifically to cut, mill and examine semiconductor wafers, a clearly defined function. Therefore, the Altura 835 constitutes a functional unit, which is classified according to its clearly defined function. As such, the exclusion of microscopes in EN 90.31 would not apply to this merchandise. For those reasons, the merchandise exceeds the scope of heading 9012, HTSUS. The Altura 835 is within the scope of measuring and checking instruments, appliances and machines of heading 9031, HTSUS. As such, the Altura 835 would be classifiable in subheading 9031.80.40, HTSUS. In liquidating the Altura 835 under heading 9012, you cited to HQ 962435, dated December 15, 1999, which classified an electron microscope similar to the Altura 835 in subheading 9012.10.00, HTSUS. In that ruling, Customs stated the following: [T]he MI-3080 is an electron beam microscope fitted with equipment specifically designed for handling and transport of semiconductor wafers. The protestant provided descriptive literature for model MI-4080, another system which it described as the current instrument with some minor improvements. This literature states that “all chips on a 200 mm wafer can be fully automatically measured up to magnifications of 100,000X and 200,000X....” The multiple measurement function allows the high-speed and many points automated measurements within one SEM image. There is no clear indication of what the handling and transport equipment consists of or its function. Nevertheless, it is hard to see how the addition of elements that do no measuring or checking, just precision handling, can convert a microscope. Customs has recently had an opportunity to re-examine that ruling and pursuant to section 625(c), Tariff Act of 1930, as amended, (19 U.S.C. 1625(c)), following a notice and comment period, revoked it pursuant to the analysis set forth in HQ 966482, dated August 19, 2003. Notice of final revocation was published on September 17, 2003 in the Customs Bulletin, Volume 37, Number 38. HQ 966482 is effective for merchandise entered or withdrawn from warehouse for consumption on or after November 16, 2003. HQ 966482 states, in part, that the classification of the MI-3080 is governed by Section XVI, Note 4, HTSUS, regarding “functional units.” The microscope combined with the auto loader and transport arm, deemed “equipment specifically designed for the handling and transport of semiconductor wafers,” constitutes a functional unit as defined by the note. The components work together and are designed specifically to measure and evaluate the line, space, pitch and patterns of semiconductor wafers, a clearly defined function. As such, the MI-3080 CD-SEM exceeds the scope of a microscope of heading 9012, HTSUS. It is classified according to its clearly defined function: a measuring and checking device of heading 9031, HTSUS. The merchandise presently at issue and that of HQ 966482 are substantially similar. Accordingly, the Altura 835 would be classified in subheading 9031.80.40, HTSUS.


Protest 1704-02-100302; CD-Scanning Electron Microscope

electron beam wafer inspection
semiconductor inspection microscope
wafer inspection system


CD Measurement and Inspection Scanning Electron Microscope fitted with equipment specifically designed for the handling and transport of semiconductor wafers; Revocation of HQ 962435

inspection instrument stage semiconductor


Protest 0401-05-100020; Pilot Bioreactor Materials submitted in support of this protest describe bioreactors in general as apparatus which provide an environment for monitoring and controlling temperatures to permit the growth and cultivation of cells, microbes, yeast and other organisms and thereby obtain certain organism byproducts as, for example, recombinant proteins produced from the cultivation and infection of insect cells. Temperatures are controlled in order to keep the cells in an active state. Sensors transmit signals to analytical instruments in the bioreactor vessel which compare the process conditions, such as acidity or pH, dissolved oxygen levels and other variables, with desired conditions. If deviations occur, a control device activates valves and pumps to introduce chemical reagents or gases necessary to return the process to normal. The Pilot System at issue is of open frame design, measuring 600 mm wide x 1105 mm high, and consists of a bioreactor vessel and basic service unit both mounted on a mobile skid, all of stainless steel construction. The vessel is available in various volume capacities - the one at issue has a 20-liter capacity - but the service unit is the same and consists of a gas flow mixing and control section, liquid pump, temperature control system featuring electric heating elements, magnetically coupled stirring element, cooling water connection for air outlet condenser and water and steam connections. Process temperatures are con

Under General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), goods are to be classified according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6. Section XVI, Note 1(m), HTSUSA, excludes articles of Chapter 90. Therefore, if the Pilot System is provided for in heading 9027, 9032, or any other heading of Chapter 90, it cannot be classified in heading 8419. In this respect, Chapter 90, Note 7(a), HTSUSA, states that heading 9032 applies only to instruments and apparatus for automatically controlling the flow, level, pressure or other variables of liquids or gases, or for automatically controlling temperature, whether or not their operation depends on an electrical phenomenon which varies according to the factor to be automatically controlled, which are designed to bring this factor to, and maintain it at, a desired value, stabilized against disturbances, by constantly or periodically measuring its actual value. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation o


Physical Vapor Deposition by Evaporation machinery; reconsideration of HQ 966573


The tariff classification of Silicon Metal from Russia, Romania, Brazil, South Africa, Argentina, Australia and Norway


The tariff classification of Samarium Oxide, Neodymium Metal, Neodymium Oxide, and (92.46%) Yttrium Oxide and (6.54%) Europium Oxide coprecipitate material from China

rare earth metal
scandium metal
yttrium metal


NY A84986 July 3, 1996 CLA-2-85:RR:NC:MA:109 A84986 CATEGORY: Classification TARIFF NO.: 8541.60.00 Ms. Jill McLeod Guhne Samuel Shapiro and Company, Inc. World Trade Center, Suite 1200 401 East Pratt St. Baltimore, MD 21202-3104 RE: The tariff classification of oversized crystal oscillators from Russia Dear Ms. Guhne: In your letter, dated June 14, 1996, you requested a tariff classification ruling on behalf of Xeco, Inc., 1651 N. Building Road, Cedar City, Utah 84720. The merchandise is described in your letter and attached product description as an oversized crystal oscillator. Photographs of the unit were also submitted; and a fax, dated July 1, 1996, provides clarification on how the units are mounted. The product supplies a precise source of frequency. The frequency supplied is used in various electronic systems as a timing generator, in radio and television stations as the time base which keeps the station on its respective channel, and in telecommunication equipment which permits noise free communication. The units will be imported in two configurations. The first configuration is a module in which the crystal oscillator is mounted in an enclosure with a partially assembled external printed circuit board assembly. The printed circuit board will have additional parts and labor added in Cedar City, Utah. The approximate cost breakdown of the completed product will be 70% Russian and 30% U.S. The second configuration is without the external printed circuit board assembly. These oscillators will have plated electrodes on each quartz crystal blank, and will also be mounted in an enclosure. The applicable subheading for the oversized crystal oscillators will be 8541.60.00, Harmonized Tariff Schedule of the United States (HTS), which provides for "[m]ounted piezoelectric crystals." The rate of duty will be free. 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 Eileen S. Kaplan at 212-466-5673. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division


The tariff classification of 410-215g Peroxyl Sulphate and 410-1kg Peroxyl Sulphate; 415-500ml Iron Chloride, 415-1L Iron Chloride, 415-4L Iron Chloride and 415-22L Iron Chloride; 416-50ml Sensitizing Emulsion, 416-100ml Sensitizing Emulsion and 416-15g Sensitizing Emulsion; 418-500ml Photographic Chemical from Canada


The tariff classification of Carbon Graphite Powder, Calcium-Silicide,Ferro-Boron, Carbon Additive (96%) and Carbon Additive (98%) from China


The tariff classification of lead frames for integrated circuits (ICs) from Germany


The tariff classification of Polycrystalline Hyperpure Silicon fromUkraine

silicon containing by weight less than 99.99


The tariff classification of semiconductor production and test equipmentfrom Japan.

chemical vapor deposition apparatus
photoresist coater
photoresist developer
semiconductor assembly machine
wafer prober


The tariff classification of Mish Metal, Lanthanum Metal and Cerium Oxide from China

cerium metal
rare earth metal
scandium metal
yttrium metal


The tariff classification of Lanthanum Metal, Cerium Oxide, Iminodiacetic acid, Beta-Naphthol, and Dehydro-Isoandrosterone from China


The tariff classification of Silane, Nitrogen Trifluoride, Chlorine Trifluoride, Tungsten Hexaflouride and Dichlorosilane from Japan

nitrogen trifluoride
silane
tungsten hexafluoride


NY B86868 July 17, 1997 CLA-2-85:RR:NC:MM:109 B86868 CATEGORY: Classification TARIFF NO.: 8504.40.4000; 8541.29.00 Mr. David M.Perrine N Z Drives Inc. P.O. Bo# 4135 751 Rothrock Circle Akron, OH 44321 RE: The tariff classification of AC Motor Speed Controllers and Insulated Gated Bi-Polar Transistors from New Zealand Dear Mr. Perrine: In your letter dated June 13, 1997, you requested a tariff classification ruling. The merchandise is described in your letter as AC Motor Speed Controllers and Insulated Gated Bi-Polar Transistors. The AC Motor Speed Controllers consist of the following type items: PDL, Picodrive , Xtravert, Microdrive, Microflo and Microvector. These items are variable frequency drives that are state of the art electronic motor controls for controlling AC induction motors in many different applications such as fans, pumps, general industrial applications and the material handling industry such as crane controls. The Insulated Gated Bi-Polar Transistor (IGBT) is a power transistor with a dissipation rate of 1W or greater. We can not address the classification of the populated printed circuit board at this time due to insufficient information. We need a description of this merchandise and the function of each board. What device is this merchandise a part of? If it is for electrical control, does it have two or more connectors, switches, relays or fuses? The applicable subheading for the AC Motor Speed Controllers will be 8504.40.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Speed drive contollers for electric motors. The rate of duty will be 2.1 percent ad valorem. The applicable subheading for the Insulated Gated Bi-Polar Transistor will be 8541.29.00, Harmonized Tariff Schedule of the United States (HTS), which provides for transistors, other than photosesitive - transistors... other. The rate of duty will be free. 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 Eileen Kaplan at 212-466-5673. Sincerely, Robert B. Swierupski Chief, Metals & Machinery Branch National Commodity Specialist Division


The tariff classification of aluminum silicon metal from China


The tariff classification of a sapphire wafer from Russia.

sapphire wafer
synthetic sapphire
synthetic sapphire substrate


NY B89006 September 25, 1997 CLA-2-85:RR:NC:MM:109 B89006 CATEGORY: Classification TARIFF NO.: 8504.40.4000 Ms. Carol A. Demuth International Trade Project Manager International Trade Department Square D Company 1415 South Roselle Road Palatine, IL 60067-7399 RE: The tariff classification of the ALTISTART motor controllers/solid state reduced voltage starters ATS23 and ATS46 Soft-Starts from France Dear Ms. Demuth: In your letter dated August 22, 1997 you requested a tariff classification ruling. The merchandise is described in your letter and attached literature as the ALTISTART motor controllers/solid state reduced voltage starters ATS23 and ATS46 Soft-Starts. These controllers are designed to reduce current inrush (and resulting voltage drop) and mechanical shocks that can result from starting or stopping a motor across the line. A thyristor (SCR) solid state power configuration is used to control the starting and stopping of industry standard three-phase induction motors. A microprocessor continuously monitors the main operating parameters of the starter and motor to provide the maximum protection and reliability of motor and machine. The primary purpose of the ALTISTART line is to accelerate or decelerate a motor. This is accomplished by the conversion of electrical energy. These controllers maximize the functioning of a motor and minimize the surges or demand on it. The applicable subheading for the ALTISTART motor controllers/solid state reduced voltage starters ATS23 and ATS46 Soft-Starts will be 8504.40.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[s]tatic converters: [s]peed drive controllers for electric motors." The rate of duty will be 2.1% ad valorem. 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 Eileen S. Kaplan at 212-466-5673. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY B89229 September 24, 1997 CLA-2-90:RR:NC:MM:114 B89229 CATEGORY: Classification TARIFF NO.: 9031.41.0040 Mr. Charles M. Watson R. L. Swearer Company, Inc. P.O. Box 471 Sewickley, PA 15143-0471 RE: The tariff classification of the WT-85 Lifetime Scanner from Hungary Dear Mr. Watson: In your letter dated August 22, 1997, on behalf of Solid State Measurements, Inc., you requested a tariff classification ruling on the WT-85 Lifetime Scanner. The WT-85 Lifetime Scanner is a fully automatic system for fast, high resolution mapping of standard silicon wafers of any diameter. The WT-85 enables fast, nondestructive, noncontact mapping of metal contamination over the wafer surface. The scanner operates in the wavelength range of 905 nanometers, and incorporates lenses and beam splitters. The output of the scanner is a flaw map. The applicable subheading for the WT-85 Lifetime Scanner will be 9031.41.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for optical instruments and appliances; for inspecting semiconductor wafers or devices; for wafers. The rate of duty will be free. 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 Barbara Kiefer at 212-466-5685. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY C80235 October 8, 1997 CLA-2-90:RR:NC:1:105 C80235 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Mr. Hans Wenzel Anatomic Concepts, Inc. 1851 Delilah St. Corona, CA 91719 RE: The tariff classification of a medical testing device from Germany Dear Mr. Wenzel: In your letter dated September 25, 1997, you requested a tariff classification ruling. The "ErgoCheck" consists of 684 individual pressure measuring points arranged on a 3.25' x 6.5' sheet. The sheet is spread over a mattress to measure the pressure ratios between a human body and the surface on which that body is lying. The sensor cables go into a data collection box which is attached to a data interface card inside a desktop computer. The measured values are then processed in the computer to display the distribution of the pressure between the body and the mattress. The results can be viewed on the computer monitor in a three dimensional image for comparison. The applicable subheading for the "ErgoCheck" will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for other measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter, other instruments, appliances and machines. The rate of duty will be 3.0 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this 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 this ruling, contact National Import Specialist Eric Francke at (212) 466-5669. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of Aluminum Fluoride Trihydrate from England


NY C80746 November 3, 1997 CLA-2-90:RR:NC:MM:114 C80746 CATEGORY: Classification TARIFF NO.: 9031.49.9000 Ms. Catherine L. Holmes The A.W. Fenton Company Inc. 1157 Rarig Avenue Columbus, Ohio 432192-57 RE: The tariff classification of laser profile gauges from Great Britain Dear Ms. Holmes: In your letter dated October 7, 1997, on behalf of Integrated Photomatrix, Inc., you requested a tariff classification ruling on the Reflex Laser Profile Gauge. The laser profile gauge is an on-line gauging system used to measure the profiles of hot-rolled steel sections as they are rolled. The Reflex uses an imaging system to measure the complete profiles of structural sections, beams and locomotive rails. The system has four or six area-scan imaging cameras, and four diode lasers which operate at the wavelength of 532 nanometers (green). The applicable subheading for the laser profile gauge will be 9031.49.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; other optical instruments and appliances, other, other. The rate of duty will be 6.1 percent ad valorem. 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 Barbara Kiefer at 212-466-5685. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of Nikon Optistations from Japan.

semiconductor inspection microscope
wafer inspection system


NY C81500 November 28, 1997 CLA-2-90:RR:NC:MM:114 C81500 CATEGORY: Classification TARIFF NO.: 9031.49.9000 Mr. James R. LeRoy IUL Instruments USA Inc. 11140 Luschek Drive Cincinnati, Ohio 45241 RE: The tariff classification of the CounterMat from Spain Dear Mr. LeRoy: In your letter dated November 5, 1997 you requested a tariff classification ruling on the CounterMat. The CounterMat is designed for petri dish image capturing and analysis. The culturing of microbiological samples in petri dishes usually involves a visual inspection of the plates. This process is automated with the CounterMat. The CounterMat consists of an optical scanning unit and a computer. The scanning unit acquires an image of a petri dish, which is a plastic dish containing a microbiological growth medium called agar on which colonies of microorganisms are grown. The image is then analyzed according to the specifications programmed by the user, in order to determine the quantity of microorganisms present in the sample. The CounterMat contains a CCD image sensor, a halogen lamp and a tungsten filament lamp. The instrument includes an optical lens to focus the image to the single line CCD sensor within the scanner. The applicable subheading for the CounterMat will be 9031.49.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines; other optical instruments and appliances; other; other. The rate of duty will be 6.1 percent ad valorem. 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 Barbara Kiefer at 212-466-5685. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY C82362 January 5, 1998 CLA-2-85:RR:NC:MM:109 C82362 CATEGORY: Classification TARIFF NO.: 8504.50.8000; 8542.13.8005 Mr. Jerry P. Craige Director, Purchasing CASI-RUSCO 1155 Broken Sound Parkway, N.W. Boca Raton, FL 33487 RE: The tariff classification of an integrated circuit chip and an induction coil antenna from Switzerland Dear Mr. Craige: In your letter dated December 3, 1997, you requested a tariff classification ruling. The merchandise is described in your letter as an integrated circuit (IC) chip and an induction coil antenna from Switzerland. Samples were submitted. The IC chips are unmounted (not encapsulated or packaged) in their imported condition. These products are components of an electronic access and egress card. The plastic card material is of U.S. origin. The cards are manufactured in Florida. The manufacturing process involves heating the plastic card material to a soft state and imbedding the components in the plastic. These cards can be used as proximity access and egress cards, and also for use in vending machines of all kinds in place of cash. In a telephone conference, you indicated that the ICs are monolithic, digital, metal oxide semiconductors (MOS) of silicon. They contain memory for storing identifying information, etc. (depending on system). The induction coil antenna introduces inductance into circuit. The applicable subheading for the induction coil antenna will be 8504.50.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[e]lectrical transformers, static converters...and inductors...[o]ther inductors: [o]ther." The rate of duty will be 3% ad valorem. The applicable subheading for the integrated circuit (IC) chip will be 8542.13.8005, Harmonized Tariff Schedule of the United States (HTS), which provides for "[e]lectronic integrated circuits...[m]onolithic digital integrated circuits: [m]etal oxide semiconductors (MOS technology): [o]ther: [u]nmounted chips...[s]ilicon." The rate of duty will be free. 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 Eileen S. Kaplan at 212-466-5673. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of synthetic sapphire blanks fromSwitzerland.

sapphire boule
synthetic sapphire
worked synthetic sapphire


PD C89056 June 29, 1998 CLA-2-90:TC:MLL:A15 C89056 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Ms. Kathy Young, Brokerage Supervisor Panalpina. Inc. 310 Interstate Blvd. Greenville, SC 29615 RE: The tariff classification of a yarn tension sensor module from Germany. Dear Ms. Young: In your letter dated June 10, 1998 on behalf of Petree & Stoudt Associates, Inc., you requested a tariff classification ruling. The ZKS40 sensor modules are parts of quality control apparatus called the "On line Tensor"(OLT) system. The OLT system sensors use variations in Hall effect current to measure the tension in yarns. The sensors can be placed at the output end of the texturing, winding, or tufting processes. The yarns pass through the housing past a sensor and generate a signal which is relayed by cable to an evaluation system. The output is interpreted by a digital processing machine and the production of various lines can be graded. The system can be programmed so that if an error threshold is reached an alarm is activated or production is shut down. The applicable subheading for the ZKS40 module will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter...Parts and accessories: Other: Other. The rate of duty will be 2.3 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Robert M. Jacksta, Port Director Washington, D.C.


The tariff classification of and the applicability of subheading9802.00.80, Harmonized Tariff Schedule of the United States (HTSUS), to galliumarsenide integrated circuits (ICs) assembled in Japan

integrated circuit lead frame
semiconductor lead frame


NY D81305 September 10, 1998 CLA-2-90:RR:NC:MM:114 D81305 CATEGORY: Classification TARIFF NOS.: 9031.49.90, 8524.91.0070 Mr. Richard L. Mills Sick Optic-Electric, Inc. 6900 West 110th Street Bloomington, MN 55438 RE: The tariff classification of PLS Proximity Laser Scanner from Germany Dear Mr. Mills: In your letter dated July 13, 1998 you requested a tariff classification ruling on the PLS Proximity Laser Scanner. The PLS Proximity Laser Scanner is a noncontact presence- sensing proximity scanner. It monitors its surroundings using an infrared light beam to detect objects or persons entering its sensing field. A pulsed light reflected off a rotating mirror is transmitted in a 180 degree pattern around the PLS, creating a sensing field. When a person or object enters the sensing field, light reflected by the object is returned to the PLS. The time interval between the transmitted pulse and the reflected pulse is the basis for determining the distance between the PLS and the object. Using the time interval and the angle of the rotating mirror, the PLS calculates the location of the object. If the sensor determines that the object is inside the configured protection zones, outputs are generated to a warning alarm or to stop hazardous machines motion. The PLS contains a transmitter with a beam splitter, a receiver, and a rotating mirror. The light source is an infrared diode laser operating at the wavelength of 905 nanometers. The PLS is imported with the main sensor unit, the connector blocks for the power outputs, and the communication hookup used during programming. It is also shipped with a user manual and the operating software. The operating software is on a floppy disk. The applicable subheading for the PLS Proximity Laser Scanner will be 9031.49.90, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; other optical instruments and appliances; other; other. The rate of duty will be 4.8 percent ad valorem. The applicable subheading for the software on a floppy disk, imported with the PLS Proximity Laser Scanner, will be 8524.91.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for records, tapes and other recorded media for sound or other similarly recorded phenomena; other; other. The rate of duty will be 1.3 cents per square meter of recording surface. 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 Barbara Kiefer at 212-466-5685. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY D84215 November 24, 1998 CLA-2-85:RR:NC:MM:109 D84215 CATEGORY: Classification TARIFF NO.: 8504.40.95 Mr. Bruce H. Leeds (SC/S41/A373) Senior Export/Import Advisor Hughes Space and Communications Company P.O. Box 92919 Los Angeles, CA 90009-2919 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of certain printed circuit assemblies for power supplies from Canada; Article 509 Dear Mr. Leeds: In your letter dated October 26, 1998 you requested a ruling on the status of certain printed circuit assemblies for power supplies from Canada under the NAFTA. There are five printed circuit assemblies (PCAs) described in your letter as part numbers 7949778, 7949778-001, 7968040-001, 7949770-001, and 7949770-003. These are described in your letter as printed circuit boards populated with active and discrete components. The PCAs will be combined with other electrical and mechanical components and subassemblies to make up power supplies used in the electrical power system of a commercial communications satellite. Components and printed circuit boards, some of which have been partially populated in the United States, are exported from the United States to Canada. Your letter indicates that the origin of certain of these exported components and subassemblies is the United States, while other components are of foreign origin. Final assembly of the PCAs is done in Canada before being returned to the United States. Detailed information on the type of components, origin of components, and assembly operations in the United States and Canada were submitted for each board. The PCAs have the essential character of static converters at the time they are imported from Canada. The applicable tariff provision for part numbers 7949778, 7949778-001, 7968040-001, 7949770-001, and 7949770-003 will be 8504.40.95, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "[s]tatic converters: [o]ther." The general rate of duty will be 1.8 percent ad valorem. Each of the non-originating materials used to make these PCAs has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/85.6(A). Part numbers 7949778, 7949778-001, 7968040-001, 7949770-001, and 7949770-003 will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party. 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 Eileen S. Kaplan at 212-466-5673. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY D87300 February 23, 1999 CLA-2-85:RR:NC:MM:109 D87300 CATEGORY: Classification TARIFF NO.: 8504.40.9540 Ms. Sandra Tovar CST, Inc. P.O. Box 1197 Fayetteville, GA 30214 RE: The tariff classification of power supplies from the Dominican Republic Dear Ms. Tovar: In your letter dated January 20, 1999, you requested a tariff classification ruling on behalf of Power One Electronics of Isabela, Puerto Rico. The merchandise is described in your letter as power supplies. Power One Electronics produces power supply modules in Mexico. There are two distinct “sides” composed of modules that make up each finished power supply. There is an alternating current input “side” made up of a singular module. This part accepts electricity from a primary source (wall socket) and distributes it to multiple modules that are plugged into the primary one. These “plug-in” modules are the secondary side of the power supply. The secondary side supplies the customer with a variety of direct current power or “volts direct current” (VDC). The power supply modules are used in a variety of devices such as computers, televisions, radios, etc. The range of power for the finished units is from 500 to 4000 watts. The Mexican produced modules are made in five different case sizes. The customer has the opportunity to determine the configuration of the secondary modules. The wattage is being summed together by the instillation of various modules in the power supply, forming the final configuration. The modules are shipped from Mexico to Puerto Rico clearing U.S. Customs in Puerto Rico. The modules are stored in Puerto Rico until the customer’s order is received. The power modules will then be shipped from Power One’s Puerto Rico facility to their related facility in the Dominican Republic for the final configuration into the finished power supply. The power supply modules are substantially transformed by assembly in the Dominican Republic into a finished power supply. The applicable subheading for the power supply modules will be 8504.40.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Rectifiers and other rectifying apparatus: Power supplies: Other.” The duty rate will be 1.5 percent ad valorem. Articles which are classifiable under subheading 8504.40.9540, HTS, which are products of the Dominican Republic are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. 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 Eileen S. Kaplan at 212-637-7048. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of Mish Metal/Cerium Rich Metal from China.


NY D88817 March 23, 1999 CLA-2-90:RR:NC:MM:114 D88817 CATEGORY: Classification TARIFF NO.: 9031.41.0040 Mr. Bill Brady Oregon International Airfreight 8520 NE Alderwood Road Suite A Portland, Oregon 97220 RE: The tariff classification of a Laser Electro Optics Edge (LEO) Profile Monitor Model LEP-820, Laser Electro Optics Edge Profile Monitor Model LEP-810, Laser Electro Optics Semiconductor Wafer Lifetime Measurement System Model LTA-1000EP and Laser Electro Optics Semiconductor Wafer Lifetime Measurement System Model LTA-1200EP from Japan Dear Mr. Brady: In your letter dated January 21, 1999, on behalf of Daitron Incorporated, you requested a tariff classification ruling. The items consist of a Laser Electro Optics (LEO) Edge Profile Monitor Model LEP-820, LEO Edge Profile Monitor Model LEP-810, LEO Semiconductor Wafer Lifetime Measurement System with EPI wafer evaluation function Model LTA-1000EP and LEO Semiconductor Wafer Lifetime Measurement System for 300 mm wafer Model LTA-1200EP. Descriptive literature for the items was submitted with your letter for review. The LEO Edge Profile Monitor Model LEP-820 can automatically optically measure the chamfer profile of the wafer, orientation flat length, or V-notch dimensions on a 6 inch or 8 inch semiconductor wafer without contact to the water surface, display the result on the CRT, and print it on the video printer within 5 seconds. The LEP-820 automatically aligns the wafer to the measurement position. By measuring the chamfer angle and length separately, the LEP-820 can support the measurement of the strong round chamfer shape. You indicated in you letter that at this time, there is no literature on the LEO Edge Profile Monitor Model LEP-810. The importer, Daitron Incorporated, stated that the LEP-810 is exactly the same as the LEP-820, except that the LEP-810 does not have V-notch measurement capability. LEO Lifetime Measurement System Model LTA-1000EP performs lifetime measurement of thin film layers, shallow surface layers and deep bulk layers in semiconductor wafers. The LTA-1000EP has 4 inch, 5 inch, 6 inch and 8 inch wafer measurement capability. Measurement is accomplished utilizing short/long wave length lasers. The LTA-1000EP features heavy metals contamination and damage evaluation of shallow layers of silicon wafer surfaces and bulk of silicon wafers. LEO Lifetime Measurement System Model LTA-1200EP performs lifetime measurement of thin film layers, shallow surface layers, and deep bulk layers in semiconductor wafers. The LTA-1200EP has 6 inch, 8 inch and 12 inch wafer measurement capability. Measurement is accomplished utilizing short/long wave length lasers. The LTA-1200EP features heavy metals contamination and damage evaluation of CZ and FZ wafers, surface shallow layers of EPI and diffused wafers, thin film layers of IG and SOI wafers, and bulk of silicon wafers. The applicable subheading for the Laser Electro Optics Edge (LEO) Profile Monitor Model LEP-820, Laser Electro Optics Edge Profile Monitor Model LEP-810, Laser Electro Optics Semiconductor Wafer Lifetime Measurement System Model LTA-1000EP and Laser Electro Optics Semiconductor Wafer Lifetime Measurement System Model LTA-1200EP will be 9031.41.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; other optical instruments and appliances; for inspecting semiconductor wafers or devices; for wafers. The rate of duty will be free. 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 Barbara Kiefer at 212-637-7058. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY D89035 March 25, 1999 CLA-2-90:RR:NC:MM:114 D89035 CATEGORY: Classification TARIFF NO.: 9031.41.0040; 9031.49.9000 Mr. Bill Brady Oregon International Airfreight 8520 NE Alderwood Road Suite A Portland, Oregon 97220 RE: The tariff classification of Nidek Flatness Tester Model FT-11, Nidek Flatness Tester Model FT-12, Nidek Flatness Tester Model FT-3D, Nidek Flatness Tester Model FT-900 and Himec Wafer Cassette Inspection Machine Model CA-008A from Japan Dear Mr. Brady: In your letter dated January 25, 1999, on behalf of Daitron Incorporated, you requested a tariff classification ruling. The items consist of a Nidek Flatness Tester Model FT-11, Nidek Flatness Tester Model FT-12, Nidek Flatness Tester Model FT-3D, Nidek Flatness Tester Model FT-900 and Himec Wafer Cassette Inspection Machine Model CA-008A. Descriptive literature for the items was submitted with your letter for review. The manufacturer of the flatness testers is Nidek Company, Ltd. of Japan. The Nidek Flatness Tester Model FT-11, Model FT-12, Model FT-3D and Model FT-900 are non-contact flatness measuring instruments for observing the shape, patterns and density of interference fringes projected on a TV monitor by an oblique incident laser beam on the plane surfaces of work objects. It is possible to change the incident angles of the laser beam sequentially with a variable measuring sensitivity of 1 to 5 microns/fringe. It is possible to select the sensitivity most suitable to the surface to be measured of the measurable object. When changing measuring sensitivity, the interference fringes move. From this direction of fringe movement, you can judge an entire surface condition of the object to be measured minutely whether it is convex or concave. By using a laser beam as the illumination source, high contrast interference fringes can be obtained on the built-in TV monitor. The Nidek Model FT-11 is a horizontal loading type flatness tester. The Nidek Model FT-12 is a vertical loading type flatness tester. The literature on the Nidek Flatness Tester Model FT-3D indicates measurable objects include the polished surface of metals, glass, silcon wafers, crystal wafers, and plastic. A comparative rough surface is also measurable. You indicated in your letter that the principal use of the Nidek Flatness Testers is for use in the semiconductor industry. The Nidek Flatness Tester Model FT-900 is controlled by Personal Computer (Windows 95) and three kinds of data processing are possible. Nidek Flatness Tester Model FT-900 features data analysis by setting the wafer surface as an average plane, data analysis based on the plane determined by three points on the wafer surface and data analysis based on the vacuum check surface. The Wafer Cassette Inspection Machine Model CA-008A is manufactured by Himec Company, Ltd. of Japan. The Himec CA-008A evaluates cassette quality for single wafer handling processes. Cassette inspection begins with the machine automatically loading a set of master wafers into the cassette. Then three lasers measure cantering wafers in the cassette. Once wafer “cant” is determined, critical dimensions are calculated for the process cassette. Each cassette is automatically judged pass or fail by comparing these critical dimensions to predetermined tolerances. The applicable subheading for the Nidek Flatness Tester Model FT-11, Nidek Flatness Tester Model FT-12, Nidek Flatness Tester Model FT-3D and Nidek Flatness Tester Model FT-900 will be 9031.41.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; other optical instruments and appliances; for inspecting semiconductor wafers or devices; for wafers. The rate of duty will be free. The applicable subheading for the Himec Wafer Cassette Inspection Machine Model CA-008A will be 9031.49.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; other optical instruments and appliances; other; other. The rate of duty will be 3.5 percent ad valorem. 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 Barbara Kiefer at 212-637-7058. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY E80052 April 5, 1999 CLA-2-90:RR:NC:MM:114 E80052 CATEGORY: Classification TARIFF NO.: 9031.41.0040 Mr. Bill Brady Oregon International Airfreight 8520 NE Alderwood Rd. Suite A Portland, OR 97220 RE: The tariff classification of Wafer Auto Loaders from Japan Dear Mr. Brady: In your letter dated January 21, 1999, on behalf of Daitron Incorporated, you requested a tariff classification ruling. The wafer auto loaders, manufactured by Nidek Co., Ltd., Japan, are used in semiconductor manufacturing facilities to transfer semiconductor wafers from a cassette to an optical microscope for inspection. The wafer auto loaders may also be used as a stand-alone macro inspection station. When used as a macro inspection station, the operator views the wafer using a bright light while the wafer is situated on the wafer auto loader. There are two models which are imported with microscopes, models IM-15 and IM-80. Models IM-11, IM-14, IM140CE-1, IM140DE-1, IM-80 and IM-8000 are imported without microscopes. According to your letter, the use of the wafer auto loaders with microscopes is very common in the industry; however, the way in which the wafer auto loader is used depends on the customer's application. The applicable subheading for the wafer auto loaders, models IM-15, IM-80, IM-11, IM-14, IM140CE-1, IM140DE-1, IM-80, and IM-8000 will be 9031.41.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical instruments and appliances; for inspecting semiconductor wafers or devices or for inspecting photomasks or reticles for use in manufacturing semiconductor devices; for inspecting semiconductor wafers or devices; for wafers. The rate of duty will be free. 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 Barbara Kiefer at 212-637-7058. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY E81071 May 12, 1999 CLA-2-90:RR:NC:MM:105 E81071 CATEGORY: Classification TARIFF NO.: 9030.82.0000 Mr. Jeffrey Hazen North Mill Technology 31 Raynes Avenue, Suite 202 Portsmouth, NH 03801 RE: The tariff classification of Printed Circuit Board Testers from Ireland Dear Mr. Hazen: In your letter, dated April 20, 1999, you requested a tariff classification ruling. The “Test Point 125" and “Test Point 130" automatic test systems, are used to test printed circuit boards assemblies. They do so by actually testing the individual semiconductor devices mounted on a printed circuit board. The range of test applications include in-circuit, functional and telecommunications. The applicable subheading for the testers will be 9030.82.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments and apparatus for measuring or checking semiconductor wafers or devices. The rate of duty will be free. 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 James Sheridan at 212-637-7037. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division