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

Mr. Glenn L. Overstreet
KSI Corporation
851 Traeger Avenue
Suite 200
San Bruno, CA 94066

RE: The tariff classification of semiconductor production equipment from China.

Dear Mr. Overstreet:

In your letter dated November 17, 2010, on behalf of your client Applied Materials Corporation, you requested a tariff classification ruling.

You refer to part number 0290-04507 as a Centura AP Next Generation Gas Panel for Etch. You have stated that this item is a complete individual function machine, designed and solely used for the manufacture of semiconductor devices or of electronic integrated circuits. It is manufactured to Applied Materials Corporation’s specifications for sole use as a gas delivery system for Etch process chambers on their Centura AP platform semiconductor manufacturing tool. The Next Generation Gas Panel mounts to the Centura AP platform. It is a self-contained system consisting of an exhaust enclosure that contains manual valves, pneumatically actuated valves, pneumatic directional control solenoid valves, MFC’s (mass flow controllers), flow ration controllers, transducers, filters, heated and non-heated gas line weldments, mounting substrates and manifolds, electrical cable harness assemblies, switches, brackets and various mounting hardware.

This complete unit provides for the following functions: the flow control of process gases from multiple sources into the gas panel; the filtering of these gases; the distribution of these gases to the individual process chambers; the purging of corrosive gases from valves and MFC’s within the gas panel. There are also several interlock mechanisms that control the closing of valves to prevent the flow of gas in the event of a leak, an opened enclosure door, or insufficient exhaust air flow, as well as to prevent the flow of purge gas into the process gas lines and to prevent pump and purge valves from opening at the same time.

The applicable subheading for the Centura AP Next Generation Gas Panel, part number 0290-04507, will be 8486.20.0000, 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: Machines and apparatus for the manufacture of semiconductor devices or of electronic integrated circuits. The rate of duty will be 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.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division