CLA-2-90:RR:NC:MM:114 I87349

Ms. Demetrius D. Jones
Yusen Global Logistics
691 Airport South Parkway
College park, GA 30349

RE: The tariff classification of pellicles

Dear Ms. Jones:

In your letter dated October 15, 2002, on behalf of Mitsui Chemicals America, Inc., you requested a tariff classification ruling. A sample of a pellicle was furnished with your request for a ruling.

The Mitsui pellicles consist of a membrane of nitrocellulose, modified cellulose, or fluoropolymer mounted on a frame of aluminum alloy. Pellicles provide a high level of cleanliness and have excellent optical properties. Pellicles are used with the photomask in a photolithography process to transfer reduced-sized patterns from the photomask to sensitized semiconductor wafers and materials. The pellicles are applied to photomasks during the lithography process in order to protect the photomask.. In addition to protecting the photomask, pellicles transmit more than 99 percent of light from the photolithography process in a uniform way.

The sample of the pellicle is being returned to you as requested.

The applicable subheading for the pellicles will be 9002.90.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other, other. The rate of duty will be 3 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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division