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NY 850619





April 18, 1990

CLA-2-90:S:N:N1:114 850619

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.40.0020, 9031.40.0040, 9031.40.0080

Mr. Jay C. Clemens
Baker & McKenzie
Two Embarcadero Center
Twenty-Fourth Floor
San Francisco, California 94111-3909

RE: The tariff classification of optical inspection instruments from Japan

Dear Mr. Clemens:

In your letter dated March 15, 1990, on behalf of KLA Instruments Corporation, San Jose, California, you requested a tariff classification ruling. This letter will be given confidential treatment based on the facts you supplied to support your claim for exemption from disclosure.

The Klasic Inspection Stations, Models 3000 and 3005, are reflected light automated optical inspection instruments designed for use in the inspection of printed circuit boards. The KLA 3000 and the KLA 3005 detect critical defects on printed circuit board layers. These critical defects include pinholes, copper splashes, shorts and opens, missing or defective pads, and missing or plugged holes.

The Klaris Automatic Reticle and Photomask Inspection Systems, Models 201, 221, and 224, are die-to-die and die-to- database inspection instruments designed for use in the inspection of photomasks and reticles. The Klaris inspection systems allow reticles and photomasks to be examined for defects as small as 0.7 microns. In your letter you refer to the Klaris Automatic Reticle and Photomask Inspection System as the RAPID Inspection Station.

The Wafer Inspector, Model 2020, performs multi-level defect detection in all areas of the wafer. The wafer inspection station includes automatic wafer loading, pattern alignment, wafer inspection and return of the wafer to the cassette. In your letter you refer to the Wafer Inspector as a WISARD Product.

The Defect Review Station, the Nidek IM 7, is used to examine defects that have been detected by the Wafer Inspector. A robotic arm moves the wafer into position for wafer surface inspection by a stereoscopic microscope. In your letter you refer to the Defect Review Station as a WISARD Product.

The applicable subheading for the Klasic Inspection Station, Models 3000 and 3005, will be 9031.40.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring or checking instruments, appliances and machines; other optical instruments and appliances, other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for the Klaris Automatic Reticle and Photomask Inspection System, Models 201, 221, and 224, will be 9031.40.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring and checking instruments, appliances and machines; other optical instruments and appliances, for inspecting photomasks used to manufacture semiconductor devices. The rate of duty will be 10 percent ad valorem.

The applicable subheading for the Wafer Inspector, Model 2020, will be 9031.40.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for measuring and checking instruments, appliances and machines; other optical instruments and appliances, for inspecting semiconductor wafers and devices, for wafers. The rate of duty will be 10 percent ad valorem.

Your inquiry does not provide enough information for us to issue a classification ruling on the Defect Review Station, Nidek IM 7. Your request for a ruling should include the following information:
1. Is the defect review station used to detect defects? 2. Is it used to classify defects?
3. Is the defect review station used for both detecting and classifying defects?
4. Is the defect review station designed to be used in conjunction with the wafer inspection station, in order to completely examine the wafer?
5. How does the Nidek IM 7 defect review station differ from the KLA 2600 review station, which is covered in the brochure entitled Wafer Defect Reduction System, Exhibit C?

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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