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May 12, 1999

CLA-2-84:RR:NC:1:103 E81114


TARIFF NO.: 8479.90.9595; 8419.89.9085

Mr. Jerry Felsher
JF Associates
18 Omni Court
New City, NY 10956

RE: The tariff classification of atom sources and e-beam evaporators from England

Dear Mr. Felsher:

In your letter dated April 23, 1999 you requested a tariff classification ruling.

With your inquiry you submitted descriptive literature on the HD series of RF atom sources and the EG series of mini electron-beam evaporators. These articles are components of molecular beam epitaxy (MBE) systems which are used in semiconductor manufacturing and research to deposit extremely thin film layers onto a substrate under ultrahigh vacuum conditions. The HD series of RF atom sources and the EG series of mini electron beam evaporators are similar in design and use to the MPD and CARS series of RF gas cracker/reactive atom sources and the EG5 mini electron beam evaporator which were the subject of Ruling Letter NY A88236 issued to you on October 23, 1996.

The HD series of atom sources create an inductively coupled plasma in a discharge zone which acts to dissociate molecular gases. Confinement of the plasma in the discharge tube leads to a very low ion content in the gaseous beam emitted by the units. These atom sources feature an ultra-efficient matching network which demonstrates almost zero power loss, as well as zero leakage of undissociated gas into the chamber. HD-ZI versions feature zero ion current, allowing film growth with no induced damage from the atom source.

The EG series of mini e-beam evaporators utilize an electron beam to generate the high temperature necessary to vaporize a rod-shaped metal source, thus enabling the metal to be deposited onto a substrate in an MBE vacuum chamber. They allow highly controllable deposition of materials with widely differing vapor pressures. All models in this series operate over temperatures ranging from 100 degrees to 3500 degrees Centigrade.

The applicable subheading for the HD series of RD atom sources will be 8479.90.9595, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other: other: other. The duty rate will be free.

The applicable subheading for the EG series of mini e-beam evaporators will be 8419.89.9085, HTS, which provides for machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, evaporating (or) vaporizing....: other machinery, plant or equipment: other: other: other: other: for other materials. The duty rate will be 4.2 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on replacement parts and additional parts for these articles. Your request for a classification ruling should include descriptive literature or a written description of each part, including the materials of which it is composed, and information as to what it does and how it operates. Please note that a ruling request may contain no more than five items in order to be accepted.

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 Alan Horowitz at 212-637-7027.


Robert B. Swierupski

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