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NY H83966

August 10, 2001

CLA-2-90:RR:NC:MM:114 H83966


TARIFF NOS.: 9027.30.4040

Ms. Kim Rice
Nova Measuring Instruments Inc.
4222 E. Thomas Rd.
Suite 100
Phoenix, AZ 85018

RE: The tariff classification of the NovaScan, the NovaScan CVD, the NovaTrack, and the NovaScan OCD

Dear Ms. Rice:

In your letter dated July 13, 2001 you requested a tariff classification ruling.

The NovaScan series of instruments are designed to perform on-line, in-water or in-air thickness measurements of dielectric and polysilicon layers on multilayer stacks of semiconductor wafers (150 mm and 200 mm in size) using UV (ultraviolet) optics. The measurement method utilized is spectrophotometry.

The NovaScan CVD series of instruments are designed for on-line, in-vacuum or in-air measurements of dielectric layers on multilayer stacks of semiconductor wafers (150 mm and 200 mm in size). The measurement method utilized is spectrophotometry.

The applicable subheading for the NovaScan and the NovaScanCVD will be 9027.30.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments and apparatus for physical or chemical analysis; spectrometers, spectrophotometers and spectrographs using optical radiations (ultraviolet, visible, infrared), electrical, spectrophotometers. The rate of duty will be free.

In order to issue a classification ruling on the NovaTrack and the NovaScan OCD, we require additional information. Please furnish complete descriptive brochures on these instruments explaining what product they measure, what parameters they measure and the measurement methods utilized by these instruments.

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.


Robert B. Swierupski

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