The subject merchandise, the Whistle 05, is a pet collar with health and location tracker electronics. The Whistle 05 consists of a GPS receiver, CAT M1 cellular radio, a Bluetooth® BLE radio, a Wi-Fi radio, and an accelerometer with an integrated pedometer. The Whistle 05's GPS multi global navigation satellite system receiver determines position data and is used for locating and tracking a pet's movements. The accelerometer acquires pet motion data, which is used to track the pet's health and fitness. The ability of the Whistle 05 to acquire raw data about a pet's location and fitness is via the GPS and sensors. The data created by the sensors is transmitted by the Whistle 05 via Wi-Fi or through a user's smartphone using Bluetooth® or through the cellular network if the pet is outside the Wi-Fi range safety zone. The Whistle 05 is also able to store the data received from the accelerometer. The Whistle 05 can be programmed to send text messages, push and email alerts to the user. The Whistle 05 is used with the Whistle Application on a user's smartphone. A user has the ability to open their smart device application and determine their pet's activity levels, the type of activity, and the calories consumed. A user also has the ability to set boundary parameters for the pet and if the pet ventures outside that range, the user is notified. These boundary parameters are set and monitored by the use of Wi-Fi networks selected by the user. Once the pet is outside of its Wi-Fi boundary zone or connection to a Wi-Fi network is lost, the device turns on assisted GPS to track and locate the pet's location. The Whistle 05 is a one-piece electronic device integrated with a collar. At the time of importation, the Whistle 05 is packaged for retail sale with two rechargeable batteries, a USB charging cable, and a quick start guide. As noted, the Whistle 05 is activated and set up through the Whistle application. The Whistle 05 has the ability to track the location of an animal with GPS, provide detailed health and activity data with the accelerometer and pedometer, and relay the information to the smart device with its data transmission capabilities. Images of the Whistle 05 in its condition as imported are shown below:

Tariff classification of a Pet Collar with Health and Location Tracking

Merchandise imported into the United States is classified under the HTSUS. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation (AUSR). The GRIs and the AUSR are part of the HTSUS, and are considered statutory provisions of law for all purposes. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in order. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. Rule 2(a) relates to incomplete or unfinished goods. Rule 2(b) relates to mixtures and combinations of materials or substances. Rule 3 provides, in pertinent part, that When, by application of Rule 2(b) or for any other reason, goods are prima facie, classifiable under two or more headings, classification shall be effected as follows: [t]he heading which provides the most specific description shall be preferred to headings providing a more general description.... Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character…. When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. The HTSUS headings under consideration are as follows: 4201 Saddlery and harness for any animal (including traces, leads, knee pads, muzzles, saddle cloths, saddle bags, dog coats and the like), of any material 8517 Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof 8526 Radar apparatus, radio navigational aid apparatus and radio remote control apparatus 9031 Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System, which constitute the official interpretation of the HTSUS at the international level, may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. See T.D. 89-80, 54 Fed. Reg. 35127 (August 23, 1989). The ENs to GRI 3(b) provide, in pertinent part, that: (VII) In all these cases the goods are to be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. (VIII) The factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. (IX) For the purposes of this Rule, composite goods made up of different components shall be taken to mean not only those in which the components are attached to each other to form a practically inseparable whole but also those with separable components, provided these components are adapted one to the other and are mutually complementary and that together they form a whole which would not normally be offered for sale in separate parts. As an initial matter, the Whistle 05 is imported and packaged together for retail sale with two rechargeable batteries, a USB charging cable, and a quick start guide. As such, they are classified as a “set” pursuant to GRI 3(b). Consistent with the description of retail “sets' provided in the EN to GRI 3(b), there is no dispute that the Whistle 05, batteries, and charging cable are classifiable in different headings, are “put up together” to enable a user to charge, wear and use the Whistle 05, and are offered for sale directly to purchasers without repacking. See EN (X) to GRI 3(b). We find that the Whistle 05 imparts the set with its essential character inasmuch as it is the dominant component article by use and cost in relation to the other components. All of the functionality of the device works through the Whistle 05, while the remaining components supplement the operation of the device themselves. Consequently, in accord with GRI 3(b), the Whistle 05 set will be classified as if it consisted only of the Whistle 05. The Whistle 05 is comprised of several electronic components that are prima facie classifiable in different headings. The pet collar is classified under heading 4201, HTSUS. The Wi-Fi, Bluetooth® and cellular radios are described by heading 8517, HTSUS, the GPS receiver is described by heading 8526, HTSUS, and heading 9031, HTSUS, describes the accelerometer. Accordingly, because the Whistle 05 is classifiable under two or more headings, classification shall be effected by application of GRI 3. GRI 3(b) covers mixtures, composite goods, and goods put up in sets for retail sale. For purposes of this rule, Explanatory Note IX to GRI 3(b) provides that, “composite goods made up of different components shall be taken to mean not only those in which the component are attached to each other to form a practically inseparable whole but also those with separable components, provided these components are adapted one to the other and are mutually complementary and that together they form a whole which would not normally be offered for sale in separate parts.” (Emphasis original). As such, the Whistle 05 is properly described as a composite good because it consists of several components of independent, individual function that are attached to each other to form an inseparable whole. You assert that the Whistle 05 is classified in heading 8517, HTSUS, and that its data transmission functions via Wi-Fi, Bluetooth® and cellular radios, impart the essential character of the device. In support of your position, you maintain that the Whistle 05 is analogous to the devices in Headquarters Ruling (HQ) H279898, dated April 5, 2017 (Fitbit workout device) and HQ H265035, dated January 19, 2016 (Microsoft Band fitness tracker). The fitness trackers that CBP classified in heading 8517, HTSUS, are wearable personal fitness trackers/monitors designed to connect via Bluetooth® to the user's smartphone or other devices and which are used to convey and/or control information collected either by the fitness tracker or the portable device to which they are connected. This information includes, but is not limited to: tracking heart rate (Fitbit, Microsoft Band), tracking time slept (Fitbit, Microsoft Band), displaying the phone number of incoming calls or text messages and calendar alerts (Fitbit, Microsoft Band), displaying email (Microsoft Band), accessing contacts on a smartphone (Fitbit) and music control (Fitbit, Microsoft Band). A comparison between the subject Whistle 05 and the aforementioned fitness trackers/monitors reveals that the Whistle 05 lacks several of the electronic components, physical characteristics, and functionality featured in the Fitbit workout device and the Microsoft Band Fitness tracker. Specifically, unlike the Fitbit workout device and Microsoft Band fitness tracker in ruling letters HQ H279898 and H265035, respectively, the Whistle 05 lacks the interactive controls that would allow a wearer or user to view or manipulate electronic data on the device itself and actively interact with other devices in a network. While the Wi-Fi, Bluetooth® and cellular radios of the Whistle 05 serve to support the functionality of the device, as it allows for bi-directional transmission of activity data from the Whistle 05 to a smart phone, the wireless communication functions of the Whistle 05 are limited. The Whistle 05 is unable to receive, display or transmit phone calls, calendar updates, nor does it have music control. The Whistle 05 is also not able to receive or display emails or text messages. In addition, the Whistle 05 does not run a pre-installed mobile operating system that would enable the device to execute processing programs known as “apps.” Consequently, we find that the Whistle 05 is entirely distinguishable from the aforementioned fitness devices and that the Wi-Fi, Bluetooth® and cellular radios featured in the Whistle 05 do not impart the good with its essential character. As we stated in HQ H308993, dated July 29, 2020, composite machines with Bluetooth® or Wi-Fi capabilities do not default to heading 8517, HTSUS, but rather are classified in the heading that describes their principal function , or essential character in the case of composite goods. For example, in HQ H283180, dated January 21, 2020, CBP determined that certain “SmartPlugs”, which could be controlled by Wi-Fi were not classified in heading 8517. In so doing, CBP observed that the principal function of the SmartPlugs was not the transmission of data but rather to control the electrical current running to appliances to which they are connected. Similarly, in HQ H281100, dated June 27, 2018, CBP discussed its prior ruling concerning the classification of Bluetooth® enabled speakers and determined that the Bluetooth® chip did not impart the principal function. Notably, CBP has declined to classify items in heading 8517 when the exchange of data facilitated by Wi-Fi or Bluetooth® capability did not constitute the principal function of the subject merchandise. See also New York Ruling (NY) N297309, dated June 20, 2018 (alarm clock with Bluetooth®); HQ H271909, dated July 8, 2016 (analog watch with Bluetooth®); NY N245407, dated September 19, 2013 (basketball with Bluetooth®). The Whistle 05 attaches to a pet via the collar to determine or track in real time the location of the pet and the level of physical movement/exertion. The location and activity functions are carried out by the GPS and the accelerometer. Without the ability to identify the pet's location and/or the measure the movement of a pet, there would be no need to connect the Whistle 05 to a smartphone. In other words, the transmission of data via Bluetooth®, Wi-Fi, or cellular network is in service of determining a pet's location and physical activity. As such, we find that the components of the Whistle 05 that transmit data are ancillary to the use of the good, i.e., identifying location and movement activity. Because the GPS and accelerometer are integrated and function together to track the location of a pet and provide detailed health and activity data, it is impossible to determine which individual component imparts the Whistle 05 with its essential character pursuant to GRI 3(b). GRI 3(c) provides that when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. Among those headings which merit equal consideration pursuant to GRI 3(c), heading 9031, HTSUS - which covers the accelerometer sensor - occurs last in numerical order. Consequently, we find that the Whistle 05 classifiable in heading 9031, HTSUS, pursuant to GRI 3(c). Our decision is consistent with HQ H246726, dated June 23, 2014, where CBP classified the Adidas miCoach Smart Run fitness watch in heading 9031, HTSUS, by application of GRI 3(c). That product was marketed as a fitness product and consisted of a wristwatch of heading 9102, HTSUS, an MP3 player of heading 8519, a GPS device of heading 8526, a heart-rate monitor of heading 9029 and an accelerometer of heading 9031. Because the MP3 player, GPS, accelerometer and heart-rate monitor are integrated and function together to provide athletic training feedback to the user, CBP was unable to determine which individual component or sensor imparted the miCoach watch with its essential character. Therefore, it was classified in heading 9031, HTSUS, by application of GRI 3(c). Similarly, the Whistle 05 incorporates various components that provide multiple functionalities geared towards position information and fitness. Like the miCoach, the Whistle 05 components function together to provide GPS location and training feedback and the product must be classified by application of GRI 3(c).


The merchandise subject to the request are two models of electronic coin selectors designed for coin-operated machines. The first model is the W7004 series optical coin acceptors. The W7004 recognizes only a single coin-type. Specifically, the W7004 is specifically made to be used with United States quarters and uses a photo interrupter switch to sense the coins. The W7004 is controlled by a 5V DC power source to run the optical device. The second model is identified as the EMP 500-04 version 7, which is a more complex version of the W7004. It senses multiple coin-types and features numerous outputs to the Dexter control. These coin acceptors can accept a range of coins since they include a microprocessor, which can be loaded with different versions of software depending on the currency requirements. Single versions of the software can be adjusted through dip switches on the acceptor. The coin selector generation has a combined optical and inductive measuring system. The measuring system consists of various light barriers and coil alignments, which are located directly behind the coin insert in the flap and main body. It ensures a high coin acceptance rate and an optimum rejection of counterfeits. The coin selector is powered by an 18V DC power source. Dexter asserts that the coin selectors are not designed to function specifically with any one particular machine and that they can be used with washers or dryers. In addition, Dexter states that after installation, the coin selectors can be deactivated such that the washer or dryer can function without the coin selector. Dexter originally entered the coin selectors under heading 8472 of the Harmonized Tariff Schedule of the United States (“HTSUS”), as other office machines. The Port of Chicago indicated that the coin selectors should have been classified under heading 8450, HTSUS as parts of household or laundry type washing machines. Dexter subsequently filed the instant request for internal advice, arguing that the coin selectors should be classified under heading 9031, HTSUS, as measuring or checking instruments.

Request for Internal Advice on Tariff Classification of Electronic Coin Selectors

Merchandise imported into the United States is classified under the HTSUS. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (“GRIs”) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all classification purposes. GRI 1 requires that classification be determined first 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 heading and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. The HTSUS headings under consideration are as follows: 8450 Household-or laundry- type washing machines, including machines which both wash and dry; parts thereof. 9031 Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof. Note 1(m) to Section XVI of the HTSUS states that “This Section does not cover articles of Chapter 90.” Therefore, we must first determine whether the coin selectors are classified under heading 9031, HTSUS. We have previously classified similar currency measuring machines under heading 9031, HTSUS. In HQ 964467 (Dec. 1, 2000), we classified a bill acceptor with multiple optical and magnetic sensors under heading 9031. In that ruling, we determined that the bill acceptor was a checking instrument for paper currency, utilizing its optical and magnetic sensors to verify the currency. We therefore classified the bill acceptor under heading 9031 under the subheading which provided for optical instruments. Similarly, in NY N238839 (Mar. 20, 2013) a coin selector without optical sensors was also classified under heading 9031, but under a different subheading due to its lack of optical sensors. In this case, the information provided indicates that the instant coin selectors function similarly to the bill acceptor and coin selector previously classified under heading 9031, HTSUS. Like both instruments, the coin selectors at issue check and measure currency to determine its authenticity and value. The W7004 uses optical sensors to measure authenticity and the EMP 500-04 uses both optical and magnetic sensors to measure authenticity and value. Therefore, they are classified under heading 9031, HTSUS. We observe that even in the absence of Note 1(m) to Section XVI of the HTSUS and the established practice of classifying currency selectors in heading 9031, the instant coin selectors would not be classified in heading 8450, HTSUS. The coin selectors cannot be classified as a part of a laundry-type washing machine in heading 8450 because they are not an integral component of a washing machine. The record indicates that the washing machines can still function when the instant coin selectors are attached but deactivated. Furthermore, the coin selectors are not dedicated solely for use with a particular article. Therefore, the coin selectors cannot be classified under heading 8450, HTSUS as a part of a laundry-type machine. In light of the above, the coin selectors are classified in heading 9031, HTSUS as measuring or checking instruments, appliances and machines, not specified or included elsewhere.


NY H80004 April 20, 2001 CLA-2-90:RR:NC:MM:114 H80004 CATEGORY: Classification TARIFF NO.: 9031.41.6000 Mr. Bill Brady OIA Global Logistics 8338 NE Alderwood Rd., Suite 200 Portland, OR 97220 RE: The tariff classification of the LED Chip Sorter from Japan Dear Mr. Brady: In your letter dated April 2, 2001, on behalf of Daitron, Incorporated, you requested a tariff classification ruling. The LED chip sorter is used in the semiconductor industry to measure optical and electrical properties of light emitting diode chips. The optical analyzer accomplishes optical measurements. The optical analyzer consists of the optical probe and the polycrometer. The optical probe, consisting of a flexible optical fiber, measures the wavelength and the brightness of the LED chips. The polycrometer’s function is to convert the spectrum of LED light to a certain value. An internal voltage meter measures voltage. The LED chip sorter also contains a microscope and a CCD camera. The microscope and the CCD camera work in conjunction with each other. The CCD camera locates the LED and positions it to ensure that the probes will attach to the chip at the correct locations. Because the chips are microscopic in size, the microscope acts as the magnifier for the CCD camera. The microscope imported with the LED chip sorter is called a spindle scope. It is a single lens cylinder without an eyepiece and is incorporated into the unit. After measurement is completed, the machine sorts the chips. The chips are then transferred onto a placement cassette. The applicable subheading for the LED chip sorter will be 9031.41.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical instruments and appliances for inspecting semiconductor wafers or devices, 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 Barbara Kiefer at 212-637-7058. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classifications of Vitesse ‘s Serial Backplane Controller Integrated Circuit (SSC050 I2C), Fibre Channel Port Integrated Circuit (SSC100 FC-AL Embedded Controller) and Enchanced IPMI Baseboard Mangement Controller (VSC215) from the Philippines, Taiwan, Hong Kong, Singapore and France

germanium oxide
parts of monolithic integrated circuit


The tariff classification of a Quad Port Bypass Circuit from the Philippines, Taiwan, Hong Kong, France or Singapore


The tariff classification of a Photodetector/Transimpedance Amplifier from France, the Philippines, Taiwan, Korea, Hong Kong and Singapore


The tariff classification of the SONET /SDH 2.5 Gb/s Laser Diode Driver Integrated Circuit from France, Philippines, Taiwan, Korea, Hong Kong and Singapore

parts of integrated circuits
parts of monolithic integrated circuit


The tariff classification of a Repeater/Retimer and Port Bypass Circuits for Fibre Channels from France, the Philippines, Taiwan, Korea, Hong Kong and Singapore


The tariff classification of a Laser Diode Driver with Automatic Power Control Integrated Circuit from France, the Philippines, Taiwan, Korea, Hong Kong and Singapore


The tariff classification of a Quad Transceiver for Gigabit Ethernet from France, the Philippines, Taiwan, Korea, Hong Kong and Singapore


The tariff classification of Enhanced I 2C Backplane Controller Integrated Circuit from France, the Philippines, Taiwan, Korea, Hong Kong and Singapore.


NY H89484 March 26, 2002 CLA-2-90:RR:NC:MM:114 H89484 CATEGORY: Classification TARIFF NO.: 9031.41.0040 Mr. Gordon Van Sise Kamino International Transport, Inc. Airport Industrial Office Park Bldg. B4A 145th Avenue at Hook Creek Blvd. Valley Stream, New York 11581 RE: The tariff classification of the Caliper 3oomm Overlay Measurement Tool from the United Kingdom Dear Mr. Van Sise: In your letter dated March 5, 2002, on behalf of Accent Optical Technologies, Inc., you requested a tariff classification ruling. The Caliper 300mm Overlay Measurement Tool (Caliper) is used in the measurement of processing errors that may occur in the manufacture of semiconductor products. The Caliper’s primary application is for monitoring layer-to-layer registration errors. Its secondary function is the measurement of critical dimensions. A computer controlled wafer handler is used to transfer wafers and load them to the wafer stage. Observation of the wafer is accomplished by an imaging system that provides a video image of the wafer. Automatic recognition is used to align the wafer and find the measurement targets. The optics module contains measurement lenses and provides magnification through a five-position objective lens changer. The light source is a 150-watt short arc xenon lamp. The applicable subheading for the Caliper 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; 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 646-733-3019. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY I82174 June 13, 2002 CLA-2-90:RR:NC:N1:105 I82174 CATEGORY: Classification TARIFF NO.: 9030.90.8840 Ms. Maryse Rey InteSys Technologies, Inc. 1300 N. Fiesta Blvd. Gilbert, AZ 85233-1604 RE: The tariff classification of the 77HP2 PCB ASSBY W/Cord from Taiwan Dear Ms. Rey: In your letter dated May 13, 2002, for Tempo-Research Corporation, Inc. (Progressive Electronics, Inc.), you requested a tariff classification ruling. The sample is a small populated circuit board, about 2 by 1 inch, with resistors, ICs, a physical 3-way toggle switch, two LEDs, and an on-off switch. Three rubber insulated cables are soldered to the circuit board. Two have alligator clips at the other end and one has a male, push-in phone jack. From the literature, the finished product will be in a plastic case, have the electrical connections for a 9 volt battery, etc. While you provide no explanation about exactly what other electronics will be needed for the finished item to operate, the sample is apparently a hefty portion of the total. You state, “ End use of this equipment is to check whether the condition of telephone lines are satisfactory - identify tip and ring (polarity test), line condition, verify lines, send tone and test continuity on telephone lines- Also can be used in conjunction with a telephone test set (buttset) to supply talk power.” The flyer for the completed item describes its Operation as follows: “Identifying tip & ring (polarity test), indicating line condition, verifying lines, supplying talk power, sending tone and testing continuity using the cont position and maintenance.” You propose classification in HTS 9031.90.80. However, HTS 9030 describes the item so the “other” of the 9031 heading does not apply. The applicable subheading for the 77HP2 PCB ASSBY W/CORD will be 9030.90.8840, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” parts and accessories of “other” instruments and apparatus for measuring or checking electrical quantities, specially designed for telecommunications (for example, cross-talk meters, gain measuring instruments, distortion factor meters, psophometers.) The general rate of duty will be 1.7 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 J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY I84611 August 19, 2002 CLA-2-85:RR:NC:MM:109 I84611 CATEGORY: Classification TARIFF NO.: 8541.10.0080 Ms. Lisa Holland Customs Compliance Manager Hellmann Worldwide Logistics, Inc. 7280 Alum Creek Drive Suites A-d Columbus, Oh 43217 RE: The tariff classification of a Diode from Japan Dear Ms. Holland: In your letter dated July 26, 2002, you requested a tariff classification ruling on behalf of Weastec, Inc. The merchandise is described in your letter as a diode that used in automobiles and is assembled into a circuit board for a push button illumination switch. The schematic that you submitted indicates that this diode is 1.0 A (amp). The diode is not photosensitive or light emitting. A sample of the merchandise was submitted to this office and is being returned to you as per your request. The applicable subheading for the diode will be 8541.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Diodes, other than photosensitive or light-emitting diodes: Other: Other: 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY I87168 November 7, 2002 CLA-2-90:RR:NC:1:105 I87168 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Mr. Daniel Shapiro Tompkins & Davidson, LLP One Astor Plaza 1515 Broadway New York, NY 10036-8901 RE: The tariff classification of a tool from Taiwan Dear Mr. Shapiro: In your letter dated October 7, 2002, for Avon Products, Inc., you requested a tariff classification ruling. You describe the sample as follows: “The merchandise herein is a composite good consisting of a flat level with a built in screwdriver. The level features a cylindrical aluminum body and flat pedestal base measuring 5 inches long with an oval opening on the top that reveals a translucent tube marked with two black measuring lines on either end. Inside the tube a colored liquid with an air bubble allows the user to measure the angle of an object by comparing the air bubble to the black measuring lines. If the bubble falls within the measuring lines, the object is ‘level'. The level also features hooks to be able to convert the article from a flat level to a string level. The screwdriver component has three bits, two stored at one end of the article and one bit magnetically attached to the tip of the opposite end.” The exclusively level element equally merits consideration in determining the essential character of the sample. Harmonized System Explanatory Note I to 9015 distinguishes between the levels classified there and those of 9031, like this, which are not designed for surveying. We agree that the applicable subheading for the sample will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for “other,” non-“optical,” measuring or checking instruments, appliances and machines. The rate of duty will be 1.7 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 J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of Fused Silica Material and Silicon Powder from China

silicon containing by weight less than 99.99


NY J87775 August 22, 2003 CLA-2-85:RR:NC:MM:109 J87775 CATEGORY: Classification TARIFF NO.: 8504.40.4000 Ms. Yolanda Landau Wilson Logistics, Inc 270 Terminal Avenue Clark, NJ 07066 RE: The tariff classification of AC drives from Sweden Dear Ms. Landau: In your letter dated June 11, 2003, you requested a tariff classification ruling on behalf of Danaher Motion. The merchandise is described within your ruling request as AC drives. They are used as speed drive controllers in electric vehicle applications. The product is a static converter or inverter, where DC power is converted to AC power. The product consists of a microprocessor and power transistors mounted on a printed circuit board assembly, which is mounted on an aluminum heat sink and enclosed in a molded plastic housing. The AC drive takes power from a DC supply (battery) and converts it into AC power, which controls the speed of an AC motor. The microprocessor monitors signals from sensors, the motor current, and motor temperature to maintain the desired motor performance. The AC drive and AC motor are used in traction, lift, and steering applications in electric vehicles such as lift trucks. The applicable subheading for the AC drives will be 8504.40.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Speed drive controllers for electric motors.” The rate of duty will be 1.5 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of Integrated Circuits from an unspecified country


NY J88813 October 15, 2003 CLA-2-90:RR:NC:MM:114 J88813 CATEGORY: Classification TARIFF NO.: 9031.49.90 Mr. John F. Norris W.J. Norris Inc. 80 King Spring Road P.O. Box 3426 Windsor Locks, CT 06096-3426 RE: The tariff classification of the Trumpf Qualifier 1250 and Trumpf Qualifier 2500 from Germany Dear Mr. Norris: In your letter dated September 16, 2003, on behalf of Trumpf Inc., you requested a tariff classification ruling on the Trumpf Qualifier 1250 and Trumpf Qualifier 2500 from Germany. A sales brochure which details the machines description, principle use and technical data was submitted with your ruling request. The submitted brochure states that at high speed and with consistently high precision, the Trumpf Qualifier 1250 and Trumpf Qualifier 2500 perform the quality assurance tasks required by Quality Standard DIN ISO 9001ff. The literature indicates that the basis of the machine frame is formed by a massive granite block that gives the machine its stability and precision. All the workpieces that need measuring are laid on a glass plate that is supported securely by the granite block. It is also possible to scan workpiece areas that project beyond the glass plate. Beneath the glass plate, an illumination unit traverses, and its light is emitted telecentrically, i.e. vertically upward, with parallel beams. Above the glass plate and synchronous with the illumination unit, a CCD camera moves to and fro, creating silhouettes of workpiece sections 50 times per second. Each time, a linear measurement system determines the camera position with a dimensional accuracy of 1 um. Included as standard equipment with the machine is software with a graphic interface that begins by importing the drawings of the workpiece from your CAD system. The software compares the measured actual contour with the CAD drawing. The measuring data is then collected in a report, saved and printed. The machine not only supports you during the actual quality check itself but also with the documentation of the measured results. The submitted brochure indicates that the method the Trumpf Qualifier 1250 and Trumpf Qualifier 2500 employ is known as laser triangulation. Laser triangulation utilizes a laser diode to guide a laser beam onto various points on the workpiece. Since the laser beam hits the surface at an angle, impact points located high up on the workpiece appear offset to the camera, which is directed down vertically. This offset is used to determine the height of the point, and the method is accurate to within 0.1 mm. The camera and the laser diode can both be moved up and down together, enabling formed components up to 40 mm high to be measured. The applicable subheading for the Trumpf Qualifier 1250 and Trumpf Qualifier 2500 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 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 646-733-3019. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY K80314 November 13, 2003 CLA-2-85:RR:NC:MM:109 K80314 CATEGORY: Classification TARIFF NO.: 8504.40.7012 8514.40.7018 Ms. Rick Wilson Manager, Import/Export Compliance Liebert Corporation 1050 Dearbon Drive Columbus, OH RE: The tariff classification of Uninterruptible Power Supplies (UPS) from an unspecified country Dear Mr. Wilson: In your letter dated October 22, 2003, you requested a tariff classification ruling. The merchandise is described in your letter as Uninterruptible Power Supplies (UPS). These UPSs’ connect directly the USB port of a personal computer to provide power in the event of power loss or outage. User Manuals were furnished for four different types of UPSs. They are PowerSure PST 350-500 VA 120V, PowerSure PSP 350-650 VA 120V, PowerSure PSA 350-1000 VA 120V, and the PowerSure PSI 1000-3000 VA 120V. The PowerSure PST 350-500 VA 120V is a UPS designed for data processing equipment and provides filtered AC power. This UPS has a power output of 225 to 300 watts. It connects to the USB port on a personal computer. During normal mode operation, the PowerSure PST supplies conditioned, computer-grade power to the connected equipment. The PowerSure PST continuously monitors the batteries to maintain them in a fully charged state. The battery charger operates whenever AC power is present, even if the UPS is switched off. The UPS performs an automatic battery test after it has been operating continuously for two weeks. PowerSure PSP 350-650 VA 120V is a UPS designed for desktop applications and provides filtered AC power. This UPS has a power output of 210 to 390 watts. It connects to the USB port on a personal computer. During normal mode operation, the PowerSure PSP supplies conditioned, computer-grade power to the connected equipment. The PowerSure PSP continuously monitors the batteries to maintain them in a fully charged state. The battery charger operates whenever AC power is present, even if the UPS is switched off. By default, the UPS is set to perform an automatic battery test after it has been operating continuously for two weeks. PowerSure PSA 350-1000 VA 120V is a UPS designed for data processing equipment and provides filtered AC power. This UPS has a power output of 600 watts. It connects to the USB port on a personal computer. During normal mode operation, the PowerSure PSA supplies conditioned, computer-grade power to the connected equipment. The PowerSure PSA continuously monitors the batteries to maintain them in a fully charged state. The battery charger operates whenever AC power is present, even if the UPS is switched off. By default, the UPS is set to perform an automatic battery test after it has been operating continuously for two weeks. PowerSure PSI 1000-3000 VA 120V is a UPS designed for microcomputers and provides conditioned power. This UPS has a power output of 750 to 2,250 watts. It connects to the USB port on a personal computer. During normal mode operation, the PowerSure PSI supplies conditioned, computer-grade power to the connected equipment. The PowerSure PSI continuously monitors the batteries to maintain them in a fully charged state. The battery charger operates whenever AC power is present, even if the UPS is switched off. By default, the UPS is set to perform an automatic battery test after it has been operating continuously for two weeks. The applicable subheading for the PowerSure PST 350-500 VA 120V and the PowerSure PSP 350-650 VA 120V, will be 8504.40.7012, Harmonized Tariff Schedule of the United States (HTS), which provides for “Static converters: Power supplies for automatic data processing machines or units thereof of heading 8471: Other, With a power output exceeding 150 W but not exceeding 500 W.” The rate of duty will be free. The applicable subheading for the PowerSure PSA 350-1000 VA 120V, and the PowerSure PSI 1000-3000 VA 120V, will be 8504.40.7018, Harmonized Tariff Schedule of the United States (HTS), which provides for “Static converters: Power supplies for automatic data processing machines or units thereof of heading 8471: Other, 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY K81644 December 17, 2003 CLA-2-85:RR:NC:MM:109 K81644 CATEGORY: Classification TARIFF NO.: 8504.40.7012 ; 8504.40.7018 Ms. Rick Wilson Manager, Import/Export Compliance Liebert Corporation 1050 Dearbon Drive Columbus, OH RE: The tariff classification of Uninterruptible Power Supplies (UPS) from an unspecified country Dear Mr. Wilson: This letter is being issued to correct the description and classification at the statistical suffix level of your PowerSure PSA 350 through 1000 VA 120V model Uninterruptible Power Supplies (UPS) as ruled upon in NY K80314. These Uninterruptible Power Supplies (UPS) connect directly the USB port of a personal computer to provide power in the event of power loss or outage. PowerSure PSA 350 through 1000 VA 120V model UPSs are designed for data processing equipment and provides filtered AC power. It connects to the USB port on a personal computer. During normal mode operation, the PowerSure PSA supplies conditioned, computer-grade power to the connected equipment. The PowerSure PSA continuously monitors the batteries to maintain them in a fully charged state. The battery charger operates whenever AC power is present, even if the UPS is switched off. By default, the UPS is set to perform an automatic battery test after it has been operating continuously for two weeks. The PowerSure PSA 350, 500, and 650 VA 120V models have power output ratings ranging from 210 to 390 watts. The PowerSure PSA 1000 VA 120V model has a power output of 600 watts. The applicable subheading for the PowerSure PSA 350, 500, and 650 VA 120V models, will be 8504.40.7012, Harmonized Tariff Schedule of the United States (HTS), which provides for “Static converters: Power supplies for automatic data processing machines or units thereof of heading 8471: Other, With a power output exceeding 150 W but not exceeding 500 W.” The rate of duty will be free. The applicable subheading for the PowerSure PSA 1000 VA 120V model, will be 8504.40.7018, Harmonized Tariff Schedule of the United States (HTS), which provides for “Static converters: Power supplies for automatic data processing machines or units thereof of heading 8471: Other, 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY K85438 May 10, 2004 CLA-2-90:RR:NC:N1:105 K85438 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Mr. Yanik Jacques Bombarier Aerospace 400 Côte Vertu West Dorvan, Quebec H4S 1Y9, Canada RE: The tariff classification of Rigging Boards from Canada Dear Mr. Jacques: In your letter dated April 21, 2004, you requested a tariff classification ruling. No sample was submitted. You state, “These tools are called rigging boards/tools, specially designed and customized for the Global Express aircraft wing calibration. Bombardier owns two (2) sets of these tools. The rigging boards/tools are composed of multiple 2024T3 aluminum parts and are traveling from location to location unassembled in wooden crates and on wooden skids. Once the tools are assembled, the dimension is approximately 12 feet long by 5 feet wide. These tools are used to rig the aircraft wings. This means that the tools are used to verify and adjust the slats and flats of the wings. It allows the technician to calibrate (upwards and downwards) the moving parts of an aircraft wing. Once the tools are fixed to the wing, they act as a guide. These tools do not become part of the aircraft. They are removed after verification and calibration has been made.” From the information you supplied, rigging boards are routinely used in maintenance. They are essentially a large template which enables the technician to see directly if the wing surfaces are in their correct position. As we understand it, if they are not, this will affect the plane's aerodynamic properties, and the pilot may have to make adjustments to maintain level flight. You propose classification in 9031.10.0000 as machines for balancing mechanical parts. However, the rigging boards would not usually be considered “machines,” and Harmonized System Explanatory Note I-A-1 to 9031 states, Machines for balancing mechanical parts (dynamic, static or with an electronic balancing device) e.g., armatures, rotors, crank shafts, connecting rods, propeller shafts, wheels, flywheels…. Static balancing machines operate on the tilting principle, the out-of-balance being measured on scales or dials. They differ from dynamic machines in that the part to be balanced does not rotate. Your item is quite different, but it can be considered an appliance which is a Checking Standard of 9031 EN I-A-14. The applicable subheading for your item will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” measuring or checking instruments, appliances and machines. The rate of duty will be 1.7 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 J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY K86983 July 21, 2004 CLA-2-90:RR:NC:N1:105 K86983 CATEGORY: Classification TARIFF NO.: 9030.82.0000 Tokyo Electron America, Inc. Mr. Mark P Parker P.O. Box 17200 Austin, TX 78760 RE: The tariff classification of Wafer Probers from Japan Dear Mr. Parker: In your letters dated May 4 and June 15, 2004, you requested a tariff classification ruling. No sample was submitted. The items are the Tokyo Electron P-8 and P-12XL Fully Automatic Wafer Probers. Wafers are thin disks of silicon which have on their surface multiple integrated circuits (ICs), which will later be cut into individual dice. The current JEM America web site describes, in general, the testing process for wafers: “In the testing of integrated circuits, probe cards play this vital role of contacting the metal pads on a wafer's surface. ICs are tested by large machines, called testers, which send a series of electrical signals to each IC. During testing, the probe card and IC are held in place by another machine, called a prober. The prober might be described as the “arm” of a tester, doing the mechanical work of moving and aligning the probe card and IC. The probe card then functions primarily as the “hand” of a tester, allowing it to “touch” the metal pads on a wafer's surface… This establishes an electrical connection between tester and IC, allowing signals to flow freely between them. An ICs response to these test signals then indicates whether it has been made correctly.” The Standard and Poor's Stock Reports concerning Electroglas, dated June 21, 1997 states, “A wafer prober successfully positions each integrated circuit on a wafer so that the electrical contact points on the finished wafer align under and make contact with the probe pins, which are located on a probe card mounted on the wafer prober.” We consider that to be also a good summary of the function of your two Wafer Probers. The specifications which you provided for them refer almost exclusively to the precision of the physical movements that the Probers can perform. Your Probers can perform no measurement or checking of electrical quantities by themselves. You indicate that you import neither probe cards nor testers, but design your items to be usable with the probe cards and testers sold by others. Headquarters Ruling Letters 960051 DWS, 12-22-97, and 961003 DWS, 6-10-98, classified two Integrated Circuit Test Handlers in 9031 (9031.41 and 9031.80 respectively.) Both rulings specifically rejected classification in 9030. IC Test Handlers are similar to Wafer Probers in that both move the IC into position to make the contacts needed for the electrical testing to be performed by a separate tester and both routinely provide a temperature control system to ensure that the IC is at the proper temperature. However, they do differ. The IC has been cut from the wafer and been packaged onto the frame and connectors, so the Test Handler inserts the individual packaged IC into a female test head and then removes it. The Wafer Prober moves the wafer with multiple undiced ICs into contact with the needles of the probe card. These two items are quite similar to your probers classified in 9030.82 in New York Ruling Letter A89407-104, dated 11-25-96. A89407 was modified by HRL 961332, mailed to your firm on 4-7-98, but the modification did not affect the classification of the Wafer Probers so we take the CBP position to be that they are distinguishable for classification purposes from IC Test Handlers. We agree that the applicable subheading for your P-8 and P-12XL will be 9030.82.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments or appliances for measuring or checking electrical quantities, 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 J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of a Field Programmable Gate Array (FPGA) from Hong Kong


The tariff classification of an ACT1 Field Programmable Gate Array (FPGA) from Hong Kong


NY K87746 July 20, 2004 CLA-2-85:RR:NC:1:108 K87746 CATEGORY: Classification TARIFF NO.: 8504.31.4035; 8537.10.9060; 8544.20.0000; 8544.51.9000 Mr. Heidar Nuristani Central Purchasing, Inc. 3491 Mission Oaks Blvd. Camarillo, CA 93012 RE: The tariff classification of a security camera kit from China. Dear Mr. Nuristani: In your letter dated July 7, 2004, you requested a tariff classification ruling. The subject merchandise, based on the submitted information, is a digitized security camera kit, model number CS30-4Q, that is stated to consist of the following: four security color cameras with a ¼-inch sensor image, a resolution of 320 TV lines, and a built-in microphone; an AC power adapter with 9V/1.5A; a control box that can be programmed for different settings; four coaxial “Plug & Go” cables for 300 V and one “RCA Cable” for 300V; a ceiling and wall mountable bracket; and a packet of screws. The applicable subheading for the power AC adapter will be 8504.31.4035, HTS, which provides for electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: other transformers: having a power handling capacity not exceeding 1 kVA: other: having a power handling capacity less than 1 kVA and having a power handling capacity less than 40 VA. The rate of duty will be 6.6 percent ad valorem. The applicable subheading for the programmable control box will be 8537.10.9060, HTS, which provides for boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517: for a voltage not exceeding 1000 V: other, other: programmable controllers. The rate of duty will be 2.7 percent ad valorem. The applicable subheading for the “Plug & Go” coaxial cables will be 8544.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors…coaxial cable and other coaxial electric conductors. The duty rate will be 5.3 percent ad valorem. The applicable subheading for the “RCA TV Cable” will be 8544.51.9000, HTS, which provides for insulating (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors…other electric conductors, for a voltage exceeding 80 V but not exceeding 1000 V: fitted with connectors: other: other. The rate of duty will be 2.6 percent ad valorem. Your inquiry does not provide enough information for us to give a classification ruling on the security cameras, the mounting bracket, and the packet of screws. Your request for a classification ruling should include in regard to the cameras whether they can take live images in real time and at what rate, i.e., the frames per second; in regard to the bracket, a sample should be submitted and the material composition should be provided; in regard to the screws, a sample should be provided with the identification of the material composition, the size, and the type. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 Michael Contino at 646-733-3014. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY K89192 September 21, 2004 CLA-2-85:RR:NC:MM:109 K89192 CATEGORY: Classification TARIFF NO.: 8541.29.0095 Ms. Patricia Hansen KMZ Rosenman 525 West Monroe Street Suite 1600 Chicago, IL 60661-3693 RE: The tariff classification of the Fairchild Power Switch (FPS), Smart Power Module (SPM), and Low Dropout Regulator (LDO) from an unspecified country Dear Ms. Hansen: In your letter dated August 18, 2004, which was received in our office September 1, 2004, you requested a tariff classification ruling, on behalf of Fairchild Semiconductor Corporation. Your request pertained to the classification of three different types of transistor modules. You identified them in your letter as a Fairchild Power Switch (FPS), Smart Power Module (SPM), and a Low Dropout Regulator (LDO). The subject FPS, SPM, and LDO transistor modules are utilized in power supply/control applications in which the modules act as a gate for the flow of electricity. The operation of each of these transistor modules as a gate for the flow of electricity depends on changes in resistivity on the application of an electric field. These modules are also capable of amplification, oscillation, frequency conversion, or switching of electrical currents. Specific applications include, but are not limited to, battery chargers and adapters, mobile phones, PDAs, MP3s, C-TVs, monitors, PC auxiliary power, and consumer appliances. The transistor modules are comprised of either: (1) single transistor and peripheral circuitry (consisting of a single integrated circuit) combined within a single package (FPS and LDO modules); or (2) two or more identical transistors and peripheral circuitry (consisting of one or more integrated circuits and other subordinate components) within a single package (SPM modules). The transistor component of the module would include either: (1) a field effect transistor (for example, metal oxide semiconductor field effect transistors (MOSFET) or sense Field Effect Transistors (SenseFET); or (2) a bipolar transistor (for example, insulated gate bipolar transistors (IGBT) or bipolar junction transistors (BJT). The Fairchild Power Switch (FPS) consists of a SenseFET and a control integrated circuit (IC). The SenseFET is a 4-terminal device, which switches or amplifies large currents, via a change in its resistivity, to control the flow of power according to the input signal provided to the FPS. The control IC provides a signal that alters the resistivity of the SenseFET in response to the input signal provided to the FPS and also keeps the SenseFET from being damaged by abnormal conditions. The dissipation rate for the FPS products is below 190 watts. The Smart Power Module (SPM) consists of transistors and other peripheral circuitry. The transistors can be either MOSFET or IGBTs, which are 3- or 4-terminal devices that switch or amplify large currents, via a change in their resistivity, to control the flow of power according to the input signal provided to the SPM. Other peripheral circuitry consists of diodes, control integrated circuits (ICs), and the FPAL- and FSAM-series of SPMs, a thermistor. The diodes are 2-terminal devices used for conditioning the current through the transistors and are connected in parallel to the transistors. The control ICs provide a signal that alters the resistivity of the transistors in response to the input signal provided to the SPM and also keeps the transistors from being damaged by abnormal conditions. The thermistor (if present) is a passive element that helps protect the transistors from overheating and thus damaging the transistors. The dissipation rate for the SPM products is larger than 1 watt. The Low Dropout Regulator (LDO) consists of a transistor and a control integrated circuit (IC). The transistor is a 3-terminal device, which switches or amplifies large currents, via a change in its resistivity, to control the flow of power according to the input signal provided to the LDO. The control IC provides a signal that alters the resistivity of the transistor in response to the input signal provided to the LDO and prevents the transistor from being damaged by abnormal conditions. The dissipation rate for the LDO products is below 15 watts. The transistor components in each of the transistor modules, FPS, SPM, and LDO, impart the principal and sole function of each module, with the peripheral circuitry contributing to this function, including acting as the transistor's “firing circuitry.” The peripheral circuitry does not have any independent functions. The purpose of the peripheral circuitry is to assist the transistors in their functioning. Therefore, the peripheral circuitry is subsidiary to the functioning of the transistors. As such, the transistor components impart the essential character of the FPS, SPM, and LDO. The applicable subheading for the Fairchild Power Switch (FPS), Smart Power Module (SPM), and Low Dropout Regulator (LDO) be 8541.29.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for “Diodes, Transistors…; Transistors, other than photosensitive transistors: Other: 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of Bromotrichloromethane (CAS 75-62-7) and Potassium Fluoride (CAS 7789-23-3) from the United Kingdom.


NY K89511 October 6, 2004 CLA-2-85:RR:NC:MM:109 K89511 CATEGORY: Classification TARIFF NO.: 8504.40.60 Mr. John Peterson Neville Peterson LLP Counsellors At Law 17 State Street 19th Floor New York, NY 10004 RE: The tariff classification of a low voltage power supply (LVPS) from Ireland Dear Mr. Peterson: In your letter dated September 8, 2004, you requested a tariff classification ruling, on behalf of Xerox Corporation The merchandise subject to this ruling is described in your letter as a low voltage power supply (LVPS), Part 105K26170. The LVPS (Part 105K26170), hereinafter “Nuvera LVPS”, is an electrical static converter, which is designed to convert alternating current into direct current and output the power in a controlled manner at a lower voltage. It is specially designed to be physically incorporated into Xerox’s “Nuvera” multifunction automatic data processing (ADP) printer. In its imported condition, the Nuvera LVPS is in the form of a printed wiring board assembly (PWBA). It functions as a power supply that is designed to generate four (4) high voltage outputs to power two (2) separate pin coronode devices with their respective grids. These two coronode output units supply constant current to a pins array through and negative and regulated direct current (DC) power supply. The coronode outputs have two current setpoints, which are selected by means of a digital input. The setpoints can be adjusted with the use of a potentiometer. The power supply, Nuvera LVPS Part 105K26170, is installed into the image output terminal (printer module) of the Xerox Nuvera multifunction printer. It is integrated with the other electronic components of the products by means of soldering connections, electrical wire harness connections and wires. The applicable subheading for the low voltage power supply, Nuvera LVPS Part 105K26170, will be 8504.40.60, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical transformers, static converters (for example, rectifiers) and inductors… Static converters: Power Supplies for automatic data processing machines or units thereof of heading 8471: Suitable for physical incorporation into automatic data processing machines or units thereof of heading 8471.” 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of an "Alcatel ASN Power Converter Assembly (PCA)" from an unspecified country

NY L80554 November 22, 2004 CLA-2-85:RR:NC:MM:109 L80554 CATEGORY: Classification TARIFF NO.: 8504.40.8500 Mr. Robert Pisani, Esq. Pisani & Roll 1717 K Street NW Suite 600 Washington, DC 20036 RE: The tariff classification of an “Alcatel ASN Power Converter Assembly (PCA)” from an unspecified country Dear Mr. Pisani: In your letter dated October 12, 2004, you requested a tariff classification ruling on behalf of your client Alcatel Submarine Networks. This ruling concerns the classification of “Alcatel ASN Power Converter Assembly (PCA).” The descriptive literature submitted states that the Alcatel Power Feed Equipment (PFE) design incorporates a number of Alcatel modular (replaceable) parts. These parts allow the PFE to perform a telecommunication function by providing power to the system. The parts cannot be used independently of it or in other equipment, although they can be interchanged within the PFE cabinet as a spare or replacement or an existing unit. The “Alcatel ASN Power Converter Assembly (PCA)” is part of the Alcatel’s PFE. The PFE design employs up to 6 converters connected in series. The “Alcatel ASN Power Converter Assembly (PCA)” is one the converters. The total number required is dependant upon system requirements in output and voltage. The switch mode converter is driven from a pulse width modulation circuit operating at a switching frequency of 20 kHz, utilizing power MOSFET technology. The use of digital signal processing enables a single control loop to provide a “seamless” transfer between a constant voltage mode and a constant current mode. The “Alcatel ASN Power Converter Assembly (PCA)” unit is 500mm by 370mm by 500mm. The applicable subheading for the “Alcatel ASN Power Converter Assembly (PCA)” will be 8504.40.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical transformers, static converters …Static Converters: Other: For telecommunication apparatus.” 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY L81390 December 17, 2004 CLA-2-85:RR:NC:MM:109 L81390 CATEGORY: Classification TARIFF NO.: 8504.40.9570 Mr. Joseph R. Hoffacker Barthco Trade Consultants The Navy Yard 5101 S. Broad Street Philadelphia, PA 19112-1404 RE: The tariff classification of an inverter from China and Taiwan Dear Mr. Hoffacker: In your letter dated November 30, 2004, you requested a tariff classification ruling on behalf of CeeLite. You requested the classification of an inverter and a light emitting capacitor (LEC) panel. This ruling will determine the classification of the inverter only because there is was not enough information provided on the light emitting capacitor (LEC) panel to determine its classification. Questions pertaining to the light emitting capacitor (LEC) panel are listed after the classification of the inverter. A response to those questions is needed in order to issue a ruling on the light emitting capacitor (LEC) panel. A sample of the inverter and the light emitting capacitor (LEC) panel were submitted and are being returned as per your request. The inverter is a power source for CeeLite panels. Your letter states that this inverter will be used as a power supply for the light emitting capacitor (LEC) panel. The inverter converts the electrical current to the required voltage and frequency to power the panel. Voltage and frequency requirements increase with the size of the panel. The inverters are available for each of your standard panel sizes and will run multiple panels of varying sizes. The CeeLite panels typically consume very small quantities of electricity relative to other technologies, particularly incandescent, neon and florescent. The applicable subheading for the inverter will be 8504.40.9570 Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical transformers, static converters (for example rectifiers) and inductors… Static converters: Other: Inverters.” The rate of duty will be 1.5 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 Linda M. Hackett at 646-733-3015. If you decide to resubmit your request regarding the light emitting capacitor (LEC) panel please include all of the material that we have returned to you on that product along with a response to the questions listed below. Your request should be mailed to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically. What is the difference between a light emitting capacitor (LEC) and a light emitting diode (LED)? What is the purpose of the capacitor in the light emitting capacitor (LEC) panel? Does the light emitting capacitor (LEC) panel contain a filament? If so, what type of filament and what is the voltage of the filament? How does the light emitting capacitor (LEC) panel emit light? Is the light emitting capacitor (LEC) panel ultraviolet, infrared, or other? If other please specify what it is. How does this light emitting capacitor (LEC) panel function? Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY L81823 January 24, 2005 CLA-2-85:RR:NC:MM:109 L81823 CATEGORY: Classification TARIFF NO.: 8541.60.0060 8541.60.0080 Ms. Gail T. Cummins Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street New York, NY 10004 RE: The tariff classification of Surface Acoustic Wave (SAW) Filters and Surface Acoustic Wave (SAW) Resonators from Hong Kong Dear Ms. Cumins: In your letter dated December 28, 2004, you requested a tariff classification ruling on behalf of Sanyo Electronic Device (USA) Corporation The merchandise is described in your letter as Surface Acoustic Wave (SAW) Filters and Surface Acoustic Wave (SAW) Resonators. These items are small crystal components in metal housings, which are used in television and videocassette circuitry. The SAW Filters, referred to in your letter as Models Numbers TSL4012S and TSL4802S, utilize a single crystal of Lithium Tantalate (LiTaO(). The SAW Filter, referred to in your letter as Model Number TSH1401P, utilizes a single crystal of Lithium Niobate (LiNbO(). Both the Lithium Tantalate crystal and Lithium Niobate crystal are piezoelectric materials. The SAW Filters eliminate the need to readjust television frequency response. The difference is that the SAW Filters utilizing Lithium Tantalate are suitable for Japan and U.S. bands where the intermediate frequency (IF) is high, while the Lithium Niobate SAW Filters are suitable for countries using the phase alternate line (PAL) television broadcast standard and U.S. bands where the IF is low. Model Number TSL4012S has a center frequency of 402.78 MHz. Model Number TSL4802S has a center frequency of 480 MHz. Model Number TSH1401P has a center frequency of 140.0 MHz. The SAW Resonators referred to in your letter as Model Numbers TSQ4371W-6 and TSQ3038-3 utilize a single crystal of quartz, namely Silicon Dioxide (SiO(). The SAW Resonator referred to in your letter as Model Number TSR6103PX utilizes a single crystal of Lithium Tantalate (LiTaO(). Both the Silicon Dioxide crystal and the Lithium Tantalate crystal are piezoelectric materials. The SAW Resonators are used in remote control and radio frequency (RF) modulator applications. For example, in an RF modulator application, the SAW Resonator may be used in a videocassette recorder or a cable set top box within the circuit that controls the frequency at which the output will be transmitted for display on a television receiver, i.e. channel 3 or channel 4. Other SAW Resonators are used in remote control devices that control, for example, cable set top boxes. Model Number TSQ4371W-6 has a resonant operating frequency of 433.92 MHz. Model Number TSQ3038-3 has a resonant operating frequency of 308.5. Model Number TSR6103PX has a low channel resonant operating frequency of 61.25 MHz and a high channel resonant operating frequency of 67.25. The applicable subheading for the Lithium Tantalate (LiTaO() SAW Filters, Model Numbers TSL4012S and TSL4802S, the Lithium Niobate (LiNbO() SAW Filter, Model Number TSH1401P, and the Lithium Tantalate (LiTaO() SAW Resonator, Model Number TSR6103PX, will be 8541.60.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Mounted piezoelectric crystals: Other.” The rate of duty will be free. The applicable subheading for the Silicon Dioxide (SiO() SAW Resonators, Model Numbers TSQ4371W-6 and TSQ3038-3 will be 8541.60.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Mounted piezoelectric crystals: Quartz designed for operating frequencies of: Exceeding 20 MHz.” 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY L82279 February 22, 2005 CLA-2-37:RR:NC:SP:236 L82279 CATEGORY: Classification TARIFF NO.: 3707.90.3290 Mr. Jae C. Park Excel International of N.Y. Corp. 146-27 167th Street, Suite#201 Jamaica, N.Y. 11434 RE: The tariff classification of Accuimage dry film resist from Korea Dear Mr. Park: In your letter dated January 1, 2005, on behalf of your client, Kolon Scena, Inc., you requested a tariff classification ruling. Accuimage dry film resist is an unexposed negative film for printed circuit boards. The product is a material used for photosensitizing printed circuit boards, lead frame and other metals. Kolon’s dry film resist product is composed of three layers of material. Each rolled package has a width of 47” and a length of 8000 ft. Accuimage is an unexposed aqueous negative type of dry film resist that allows the formation of microcircuits on multilayer fine pattern boards. The applicable subheading for the Accuimage will be 3707.90.3290, Harmonized Tariff Schedule of the United States (HTS), which provides for 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: Other: Chemical preparations for photographic uses: Other: Other. The rate of duty will be 6.5 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 Debra Wholey at 646-733-3034. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


NY L84394 May 16, 2005 CLA-2-85:RR:NC:MM:109 L84394 CATEGORY: Classification TARIFF NO.: 8504.40.4000 Mr. Carlos Ortega Nissei America, Inc. 1480 North Hancock Street Anaheim, CA 92807 RE: The tariff classification of a Servo Motor Amplifier from Japan Dear Mr. Ortega: In your letter dated April 14, 2005, you requested a tariff classification ruling. Products. The merchandise subject to this ruling is a Servo Motor Amplifier. You identify the Servo Motor Amplifier within your letter as a Servo Controller Amplifier P/N 0352T0731-12. You explain that the Servo Motor Amplifier is a solid state device used to control the starting, stopping, and overall operation of servo motors located within a Plastic Injection Molding Machine’s controlling clamp, injection, and ejector functions. It has built-in circuitry to start and stop in a precise position programmed by an operator on the main machine controller. The applicable subheading for the Servo Motor Amplifier (Servo Controller Amplifier P/N 0352T0731-12) will be 8504.40.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Static converters: Speed drive controllers for electric motors.” The rate of duty will be 1.5 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of silicon metal, Grade 1 and Grade 2 from the Philippines


The tariff classification of the Application Specific Integrated Circuit (UEGO ASIC) from Japan


The tariff classification of I-Buttons from an unspecified country


The tariff classification of a Le8100 Handset System on Chip ("Le8100") from an unspecified country

integrated circuit lead frame
parts of monolithic integrated circuit
semiconductor lead frame


The tariff classification of a digital monolithic integrated circuit from Korea


NY M84952 July 14, 2006 CLA-2-90:RR:NC:N1:105 M84952 CATEGORY: Classification TARIFF NO.: 9030.90.6400 John M. Peterson Neville Peterson LLP 17 State Street - 19th Floor New York, NY 10004 RE: The tariff classification of the H606-03 Load Board from Malaysia Dear Mr. Peterson: In your letters dated November 16, 2005 and June 16, 2006, on behalf of your client Conexant Systems Inc., you requested a tariff classification ruling. No sample or photograph was submitted. You state “The model H606-03 ‘Load Board’ is a plastics impregnated non-flexible multilayer printed circuit board featuring components which are soldered to the board after the printing process. The product is used as a testing device to perform electrical testing and checking on Conexant Model GW3887 integrated circuits (ICs). The imported H606-03 ‘Load Board’ is connected to an automatic Teradyne Model J750 semiconductor testing device.” From the pages of circuit diagrams you have attached, we understand at least some of the soldered “components” to be diodes. You also state “The Teradyne Model J750 testing device features ‘universal slot technology’, which allows it to accommodate a wide range of load boards. This is essential since load boards can vary widely in size (from 6” to 24” in diameter) and in shape (rectangular, circular, hexagonal). Integrated circuits are connected to the test board through a test socket, which is an intermediary connector…The test socket into which the IC is placed is connected to the load board. One side of the load board contacts with the test head of the automatic test equipment (ATE, in this case the Teradyne J750).” In addition, you state, “Local boards are sometimes known as ‘DUT’ (device under test) boards, and are in some cases known as ‘interface boards’.” You propose classification in Harmonized Tariff Schedule of the United States (HTSUS) 9030.82. However, in use, the H606-03 is physically secured into a “slot” in the much larger Teradyne J750. At minimum, a great majority of the analysis of the electrical signals to determine if the IC is defective is performed by the Teradyne J750. We therefore consider the H606-03 to be a part or accessory for the J750, which would be classified in HTSUS 9030.82. The H606-03 does not appear to be excluded from HTS Chapter 90 by its Note 2-a or 1 or by HTS Additional U.S. Rule of Interpretation 1-c. You do propose HTSUS 9030.90.6400 as an alternative classification. The applicable subheading for the H606-03 will be 9030.90.6400, HTSUS, which provides for Printed circuit assemblies, which are parts or accessories of instruments or apparatus of subheading 9030.82. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of Manipulator/Cooling Kiosk Country of Origin Unknown


N005851 February 2, 2007 CLA-2-85:RR:E:NC:MM:109 CATEGORY: Classification TARIFF NO.: 8504.40.4000 Ms. Laura Roberts Customs Compliance Manager Otis Elevator Company 1331 S. Curry Pike Bloomington, IN 47403 RE: The tariff classification of an Otis variable frequency (OVF) drive from China Dear Ms. Roberts: In your letter dated January 23, 2007 you requested a tariff classification ruling. The merchandise subject to this ruling is an Otis variable frequency (OVF) drive. The OVF drives are described in your letter as insulated gated bi-polar transistor (IGBT)-Inverters with digital and analog control and are made up of active/passive power electronic devices, a high-speed central controlling unit (microprocessor) and optional sensing devices, depending upon the application requirement. The OVF drive is applicable for low, medium, and high speed geared or gearless elevators with AC motors. The basic function of the OVF drive is to act as a variable frequency generator in order to vary speed of the elevator motor as per the user setting. The rectifier and the filter convert the alternating current (AC) input to direct current (DC) with negligible ripple. The inverter, under the control of the microcontroller, synthesizes the DC into 3-phase variable voltage, variable frequency AC. Additional features can be provided, such as DC bus voltage sensing, OV and UV trip, over-current protection, accurate speed/position control, temperature control, easy control setting, display, PC connectivity for real time monitoring, etc. The OVF drive provides open loop speed control for one/two speed elevator motors. The system controls the fast speed of the motor winding during the whole run without using an additional encoder and assures smooth riding comfort, as well as high leveling accuracy under all load conditions. The motor speed is determined by variable frequency output of the OVF drive power section. The 3-phase mains supply is rectified, smoothened by a condenser in the DC link, and the transistor inverter transforms the DC voltage with pulse width modulation into three phase variable voltage and variable frequency output. The digital control generates ideal speed pattern for a predetermined profile with fixed parameters for jerk and acceleration. Load current feedback and speed measurement at the end of each run maintains load independent accurate leveling. The applicable subheading for the Otis variable frequency (OVF) drive will be 8504.40.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static converters: Speed drive controllers for electric motors.” The rate of duty will be 1.5 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of Lithium Fluoride from China


The tariff classification of a wafer handler from Singapore

semiconductor manufacturing equipment parts


N007736 March 7, 2007 CLA-2-85:RR:E:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8542.32.0070 Mr. David W. Fong Sr. Logistics Analysts Hynix Semiconductor America 3101 North First Street San Jose, CA 95134 RE: The tariff classification of a Hynix MCP (multiple chip package) from South Korea Dear Fong: In your letter dated March 1, 2007 you requested a tariff classification ruling. The merchandise subject to this ruling is identified in your letter as a Hynix MCP (multiple chip package). The Hynix MCP (multiple chip package) is a stacked integrated circuit. It consists of two layers of integrated circuits. The top layer is of NAND Flash memory. The bottom layer is made of DRAM circuits. The two integrated circuits are welded together to create a double-layered integrated circuit, which functions as a single unit. It is used in digital cameras, video streaming and broadcasting of hand-held electronic devices, such as PDAs, Blackberries, iPods. The applicable subheading for the Hynix MCP (multiple chip package) will be 8542.32.0070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electronic integrated circuits: Memories: Other”. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Linda Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


N008478 March 26, 2007 CLA-2-90:RR:E:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Mr. Stephen Gaikwad Vantis Custom House 82 St. John Street London EC1M United Kingdom RE: The tariff classification of Telephone Test Sets from the United Kingdom Dear Mr. Gaikwad: In your letter dated March 19, 2007 for Fluke Corporation, you requested a tariff classification ruling. No sample was provided. You state: “Telephone Test Sets - Model nos TS44DLX, TS42DLX, TS22, TS25D, TS30, TS120, & TS19. These products are specifically designed telephone test sets designed to meet the voice and data demands of telecommunication technicians. Products are portable, handheld, battery operated devices whose features include preventing interruption of existing data traffic, DSL/POTS filtering technology that allows testing on the POTS side while data is present, overvoltage and over current protection, etc.” From the information in the Fluke Networks Telephone Test Sets brochure you sent, all the items are similar in that they are connected by alligator clips or otherwise to an exposed telephone wire, have a regular keyboard for making calls, and have a speaker and receiver. They are “butt-in tests sets” in that ongoing calls can be listened to (to listen for static, etc.) as well as making new calls to test the line and the switching equipment downstream. You propose classification in HTSUS 9030.40. However, your items are quite similar to the Telephone Hand Test Sets in Headquarters Ruling Letter 089928, 11-6-91 (in Cross) and the Telephone Lineman's Test Set in HRL 089594, 9-26-91 (not in Cross). Both of those items were classified in HTS 9031.80, not in 9030 as measuring or checking Electrical Quantities. The applicable subheading for your items will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7 percent ad valorem. We are assuming that the country of origin for the products is the United Kingdom. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


N009766 April 26, 2007 CLA-2-90: RR: NC: 1:114 CATEGORY: Classification TARIFF NO.: 9031.49.9000 Mr. Ross A Lappin PLS Pacific Laser Systems 2550 Kerner Blvd. San Rafael, CA 94901 RE: The tariff classification of battery powered self leveling laser alignment tools from China. Dear Mr. Lappin: In your letter dated April 12, 2007, you requested a tariff classification ruling. The tools range in size from less than one pound to slightly over three pounds. The tools consist of styles PLS 2, PLS 3, and PLS180, which are referred to as “pocket” laser tools (they fit inside a small pouch, and can be attached to a tool belt), and styles PLS 5, HVR 500, and HVR 1000 ( are hand held tools but, they are too large for a tool belt). Each of these tools utilizes one or more 635 nm laser diodes. The collimated beam from the diode is directed through various combinations of mirrors, splitters, cones, etc. to project a reference plane of energy in the horizontal plane (level) or the vertical plane (self levels to dead vertical) with a line or a spot. The two HVR products are standard self leveling rotators. They project a level spot that is rotated creating a visual level laser line. The principal use of these tools is for a contractor to establish a level reference plane against which he can then establish the exact position of his work - or he can use these tools to check existing work to verify level. Additionally, they project a vertical line. As the principal use of the self leveling laser alignment tools is not as surveying instruments, but rather that of measuring and checking, we find that the merchandise does not fall to be classified under heading 9015, HTSUS, and thus can be classified under heading 9031, HTSUS. The applicable subheading for the self leveling laser alignment tools (PLS 2, PLS 3, PLS 5, PLS 180, PLS 360, HVR 500, and HVR 1000), will be 9031.49.9000, Harmonized Tariff Schedule of the Untied States (HTSUS), which provides for other measuring or checking instruments, appliances and machines; other optical instruments and appliances: other. The rate of duty will be 3.5 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 646-733-3019. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


The tariff classification of trichlorosilane CAS# 10025-78-2, metallurgical grade silicon CAS# 7440-21-3, and polysilicon from Russia, China, Norway and Brazil


N015123 August 23, 2007 CLA-2-85:RR:E:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8542.31.0000 Mr. Ram J. Arvikar VP Quality & Corp Compliance Vectron International 267 Lowell Road Hudson, NH 03051 RE: The tariff classification of crystal clock oscillators from Japan Dear Mr. Arvikar: In your letter dated July 31, 2007, you requested a tariff classification ruling. The merchandise subject to this ruling request is crystal clock oscillators. These oscillators control frequency output (as a timing or frequency control device) and provides timing and clock circuit functions. The applicable subheading for the crystal clock oscillator will be 8542.31.0000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electronic integrated circuits: processors and controllers, whether or not combined with memories, converters, logic circuits, amplifiers, clock and timing circuits or other circuits.” The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Linda M. Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division


N015224 August 21, 2007 CLA-2-84:RR:E:NC:N1:104 CATEGORY: Classification TARIFF NO.: 8486.90.0000 Ms. Clare D. Updike Expeditors Tradewin, LLC 11101 Metro Airport Center Drive Bldg. M2, Suite 110 Romulus, MI 48174 RE: The tariff classification of a linear slide spindle from Great Britain. Dear Ms. Updike: In your letter dated August 1, 2007, on behalf of GSI Group, you requested a tariff classification ruling. You state that the Linear Slide Spindle is used on an ion implantation machine in the manufacture of semi-conductors. The spindle consists of a stainless steel shaft, a stainless steel sleeve and a graphite bushing. It functions to move the wafer through the ion beam within the ion implantation machine. The wafer holder is mounted directly on the spindle's shaft. The spindle is then mounted on the vacuum chamber. The spindle's primary motion is linear, with vertical stroke of at least 300mm, but rotation also occurs. This motion is what allows the wafer to be moved through the ion beam. The applicable subheading for the Linear Slide Spindle will be 8486.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays; machines and apparatus specified in Note 9 (c) to chapter 84; parts and accessories: Parts and accessories. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Patricia O'Donnell at 646-733-3011. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division