CLA-2-90:OT:RR:NC:N1:405
Daniel Shapiro
Olympus Scientific Solutions Technologies Inc.
48 Woerd Avenue
Waltham, MA 02453
RE: The tariff classification of wafer loaders from Japan
Dear Mr. Shapiro:
In your letter, dated June 3, 2016, you requested a tariff classification ruling.
The products under consideration are certain wafer loaders identified as model numbers ALMB6150, ALMB86, ALMB86180 and ALMB890. As described in your submission, these loaders, as stand alone units, are used to conduct macro inspections checking for defects and particles on the surface of semiconductor wafers. This series of loaders feature a macro arm which takes a wafer from the cassette and lifts and rotates it to allow the operator to perform a top, back and front visual inspection. Each unit also includes an integrated joystick and an optical sensor to aid in this process. You state that only the optical sensors contained within models ALMB86, ALMB86180 and ALMB890 incorporate convex glass elements which have been optically worked in order to focus light directly onto the sensor.
In addition, these ALMB series loaders can automatically transfer the wafers from a cassette to a microscope stage for further inspection provided they are paired (after importation) with “a microscope, microscope stage, microscope accessories and microscope tray”. Each model has an LCD screen that provides the operator with the ability to visually configure inspection recipes and sequences, confirm set up conditions and display inspection results. The four models differ with regard to the number/size of wafers they are designed to accommodate.
You suggest classification of the subject products in 9031.41.0040, Harmonized Tariff Schedule of the United States (HTSUS), as Other optical instruments and appliances: For inspecting semiconductor wafers or devices or for inspecting photomasks or reticles used in manufacturing semiconductor devices: For inspecting semiconductor wafers or devices: For wafers. However, you indicate that the ALMB150 contains no optical element. Since this particular unit does not conform to the Chapter 90, Additional U.S. Note 3 definition for optical appliances/instruments, it cannot be classified as such.
The applicable subheading for models ALMB86, ALMB86180 and ALMB890 will be 9031.41.0040, HTSUS, which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other optical instruments and appliances: For inspecting semiconductor wafers or devices or for inspecting photomasks or reticles used in manufacturing semiconductor devices: For inspecting semiconductor wafers or devices: For wafers. The rate of duty will be free.
The applicable subheading for model ALMB150 will be 9031.80.8085, HTSUS, which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other. The rate of duty will be 1.2 percent ad valorem.
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 https://hts.usitc.gov/current.
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 April Cutuli at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division