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NY N007092

March 14, 2007



TARIFF NO.: 8428.90.0010; 8486.40.0030

Mr. Stuart P. Seidel
Baker & McKenzie LLP
815 Connecticut Avenue NW
Washington, DC 20006

RE: The tariff classification of a wafer handler from Singapore

Dear Mr. Seidel:

In your letter dated February 15, 2007 on behalf of KLA-Tencor Corporation you requested a tariff classification ruling.

The Phoenix Robotic Wafer Handler (“Phoenix”) is designed to lift and handle silicon wafers used in the manufacture of semiconductors and integrated circuits. After removing the wafers from Front Opening Unified Pods (“FOUPs”), the handler utilizes a forked end effector to lift each wafer individually and place it onto a load port. The Phoenix is available in two load port and three load port versions. The wafers are loaded and unloaded for transfer into a “pre-aligner” device for transfer to other process equipment such as testing or inspection equipment. However, the Phoenix itself performs no manufacturing, testing or inspection functions.

In your letter, you request both the current 2007 Harmonized Tariff Schedule of the United States (HTSUS) tariff number as well as the HTSUS tariff number in effect in 2006. You state that the 2006 HTSUS tariff number is needed for “determining the correct rule of origin to apply under various Free Trade Agreements and for export reporting”.

The applicable 2006 subheading for the Phoenix Robotic Wafer Handler is 8428.90.0010, HTSUS, which provides for Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other machinery Other: Industrial robots. The rate of duty is free.

The applicable 2007 subheading for the Phoenix Robotic Wafer Handler is 8486.40.0030, HTSUS, which provides for Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays; machines and apparatus specified in Note 9(C) to this chapter; parts and accessories: Machines and apparatus specified in note 9(C) to this chapter: For lifting, handling, loading or unloading of boules, wafers, semiconductor devices, electronic integrated circuits and flat panel displays. The rate of duty is free.

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

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 Patricia O’Donnell at 646-733-3011.


Robert B. Swierupski

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