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NY R04772

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September 22, 2006

CLA-2-85:RR:E:NC:N1:112 R04772

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9300

Marlene J. Vant
Customs & Trade Administrator,
Gennum Corporation
970 Fraser Drive
Burlington, Ontario L7L 5P5
CANADA

RE: The tariff classification and NAFTA applicability of integrated circuit assemblies from Canada

Dear Ms. Vant,

In your letter dated August 29, 2006, you requested a tariff classification ruling.

The item concerned is the BGA (Ball Grid Array) Multi-Chip Module Assembly (GS9091A). It is comprised of two integrated circuit die affixed to a printed wiring board, overmolded with an epoxy compound on the top side and furnished with external electrical contacts (solder balls) on the bottom side.

Each integrated circuit die in the BGA (Ball Grid Array) Multi-Chip Module Assembly (GS9091A) has an individual function: Die # GS1542AJ (U.S. manufacture) is a "cable equalizer" – it compensates for signal attenuation and distortion and Die # GS9092 (Taiwan manufacture) converts serial input data to parallel output data.

In your submission, you proposed classification of the BGA (Ball Grid Array) Multi-Chip Module Assembly (GS9091A) in subheadings 8543.89.9695 (which was replaced by subheading 8543.89.9795 effective April 1, 2006 and provides for “Electrical apparatus, having individual functions, not specified or included elsewhere in this chapter : Other apparatus: Other: Other: Other: Other: Other”), 8521.90.0000 (which provides for “Video recording or reproducing apparatus, whether or not incorporating a video tuner: Other”), 8528.21.3900 (which provides for “ video monitors : Video monitors: Color: Non-high definition, having a single picture tube intended for direct viewing (non-projection type) with a video display diagonal exceeding 35.56 cm: Other”) or 8529.90.6900 (which provides for “Parts suitable for use solely or principally with [video monitors]: Other: Other, parts of printed circuit assemblies : Of television apparatus: Other”) of the Harmonized Tariff Schedule of the United States (HTSUS).

Classification of goods in the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states, “ ... classification shall be determined according to the terms of the headings and any relative section ... notes ".

Note 2.(a) to Section XVI states "Parts which are goods included in any of the headings of chapter 85 are in all cases to be classified in their respective headings".

General Note 3. (h) (vi) to the HTSUS states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”.

The applicable classification subheading for the BGA (Ball Grid Array) Multi-Chip Module Assembly (GS9091A) will be 8543.89.9300, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical apparatus, having individual functions, not specified or included elsewhere ... : Other apparatus: Other: Other: Other: Multichip integrated circuits described in additional U.S. note 14 to chapter 85.”. The rate of duty will be Free.

Each of the non-originating materials used to make the BGA (Ball Grid Array) Multi-Chip Module Assembly (GS9091A) has satisfied the changes in tariff classification required under HTSUS General Note 12.(t) Chapter 85.145.(A). The BGA (Ball Grid Array) Multi-Chip Module Assembly (GS9091A) will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Duty rates are provided for your convenience and are subject to change. The text of the most recent Harmonized Tariff Schedule and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Parts 177 and 181 of the Customs Regulations (19 C.F.R. 177, 181).

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 8521.90.00 - Video recording or reproducing apparatus, other than magnetic tape-type
• Tariff No.: 8528.21.39 - Non-high definition color video monitors, nonprojection type, w/CRT, video display diagonal over 35.56 cm, not incorporating VCR or player
• Tariff No.: 8529.90.69 - Parts of printed circuit assemblies (including face plates and lock latches) for television apparatus other than television cameras
• Tariff No.: 8543.89.93 - Multichip integrated circuits described in additional U.S. note 14 to chapter 85
• Tariff No.: 8543.89.96 - Other electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter
• Tariff No.: 8543.89.97 - Other electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter