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NY A82553

May 28, 1996

CLA-2-84:RR:NC:4:102 A82553


TARIFF NO.: 8414.10.0000; 9032.89.6040; 8481.80.9005; 8544.51.8000

Mr. Jack Kilmartin
Yamato Customs Brokers
377 Swift Avenue
South San Francisco, CA 94080

RE: The tariff classification of turbomolecular vacuum pumps; and temperature control systems for such pumps from Japan

Dear Mr. Kilmartin:

In your letter dated April 15, 1996, on behalf of your client, Nissho Iwai Corporation, you requested a tariff classification ruling.

The items at hand are a series of magnetically levitated turbomolecular vacuum pumps. The pumps are used in the semiconductor industry for chemical vapor deposition. In addition the pumps may be shipped either with their temperature management system, (TMS) or the TMS may be shipped separately. The temperature control system consists of an electronic control module, remote temperature probe, heater core, solenoid control valve, and copper cooling water tubes. The purpose of the TMS is to maintain pump temperature at 55 degrees Celsius. The controller manages the pump temperature by regulating the flow of water through the copper pipe, which is in contact with the bottom of the pump. Water flow is caused by gravity feed, no separate pump is employed. According to the literature submitted with your request, the TMS is an optional add-on to the vacuum pump. Pump cooling can occur through either normal heat dissipation, optional air cooling fan, or by circulated water cooling.

Your letter asks us to provide classification advice on both the pump and TMS system if they are: imported and invoiced together; imported together but separately invoiced; imported separately; and, in the case of the TMS, imported as unassembled components.

The applicable subheading for the turbomolecular vacuum pump will be 8414.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vacuum pumps. The rate of duty will be 3.2 percent ad valorem. The temperature management system, imported separately and as a complete system, would be classified under 9032.89.6040, HTS, which provides for automatic regulating or controlling instruments and apparatus; temperature control instruments. The rate of duty will be 3.6 percent ad valorem. Only in the situation where the TMS is imported packaged and invoiced together with it's pump would we consider the two articles to constitute an entirety and classify them together as a vacuum pump under subheading 8414.10.0000.

The individual components of the TMS, imported as separate parts, would be classified under their individual tariff provisions. The electronic controller would be classified as an automatic regulating or controlling instrument or apparatus under HTS item 9032.89.6040 and dutiable at 3.6 percent ad valorem. The electromagnetic cooling valve is classifiable as a solenoid valve, HTS subheading 8481.80.9005, with a duty rate of 3 percent ad valorem. The classification of the power cable and the temperature controller cable is under HTS item 8544.51.8000 which provides for other electrical conductors for voltage exceeding 80 V and not exceeding 1000 V. Rate of duty is 4.2 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 Karl J. Riedl at 212-466-5493.


Roger J. Silvestri

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