CLA-2-84:RR:NC:1:104

Ms. Jennifer Kissner
Flextronics
305 Interlocken Pkwy
Broomfield, CO 80021

RE: The tariff classification of a frame and a fan filter unit from China

Dear Ms. Kissner:

In your letter dated January 8, 2007 you requested a tariff classification ruling.

Both the frame and the FFU are components of a Factory Interface (“FI”) process module. The FI acts as an interface between two pieces of equipment used in wafer processing. The front side of the FI utilizes 1 – 4 automatic door openings (“ADOs”) which open the door on the Front Opening Unified Pod (“FOUP”). The second piece of equipment performs an operation such as chemical mechanical polishing, etching, deposition, cleaning or photolithography. The FI is not capable of performing any of these processes. It is merely an interface. The wafers are moved from the FOUP to the processing machine via the FI.

The pre-wired frame (‘Frame”) consists of a steel powder-coated frame, a light assembly and several harnesses and switches. In addition, the Frame also features caster assemblies for positioning a complete FI.

The pre-wired fan filter unit (“FFU”) consists of a steel powder-coated frame, a sheet metal plenum, a fan, a filter and several harnesses. The fan creates a down draft while the filter removes all particles from the air entering the mini-cleanroom environment.

The applicable subheading for the frame will be 8486.90.0000, Harmonized Tariff Schedule of the United States (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: Parts and accessories. The rate of duty will be Free.

Your inquiry does not provide sufficient information for us to give a classification ruling on the FFU. In your letter, you indicate that ‘The filter is an aluminum frame with filter media suspended in place with “fire retardant/phosphorous free two part polyurethane”. The media is made up of “E-PTFE (Boron Free)”.’ Your request for a classification ruling should include: (1) information on the construction of the “filter media” (i.e., nonwoven textile, other), (2) information on the composition of the FFU by weight and value (textile, aluminum mesh, fan, etc.) and (3) a sample of the filter media only (if available) . When this information is available, you may wish to consider resubmission of your request. We are returning any related exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division