CLA-2-90:OT:RR:NC:N1:405
Werner Haberstock
Advantest America, Inc.
3061 Zanker Road
San Jose, CA 95134
RE: The tariff classification of dynamic test handlers from Japan
Dear Mr. Haberstock:
In your letter dated August 31, 2016, you requested a tariff classification ruling.
The merchadise at issue consists of three models of dynamic test handlers, identified by the model numbers M6242, M4841, and M4742. The dynamic test handlers are machines used in the testing of packaged integrated circuit devices. The handlers perform no measuring or checking function themselves, but are designed to be docked to a separate, standalone semiconductor test system. The handlers pick up trays of packaged integrated circuit devices and physically place the devices in the test system’s sockets. The handler holds the devices in the sockets while the test system checks the functionality of each device. The test system provides electrical stimulation to all of a given device’s input channels and measures the output channels to ensure that each device is operating within the appropriate specifications. Once the test is complete, the test handler removes the devices from the test system and sorts them based on the results of the test system’s analysis (i.e. whether a device passed or proved to be faulty). In addition to handling the integrated circuit devices, the test handlers can also cool or heat the devices under test, should a customer wish to test their devices under different temperature conditions. You indicate that all three models of test handler operate under the same principle, but vary in both the size and type of devices that they handle, as well as in their throughput (the M6242 can move up to 512 devices at once, while the M4742 and the M4841 move 8 and 16 devices at a time respectively).
The dynamic test handlers at issue perform a function that is in many ways similar to that of the machines covered by Headquarters Ruling Letter 961003, dated June 10, 1998 (the machines in that ruling were also referred to as dynamic test handlers). The handlers described in that ruling differ from the three models covered by your request in that they included the capability to reject nonconforming devices prior to testing based on physical flaws or defects identified by the handler. The Advantest test handlers at issue do not have the functionality to independently reject devices due to package defects, and instead rely solely on the results conveyed by the test system. While the test handlers do not perform any measuring or checking functions themselves, by picking up trays of packaged integrated circuit devices, heating or cooling them to the desired temperature, and placing them in the appropriate sockets of the test system to which it is docked to subject the devices to electrical testing, the dynamic test handlers are carrying out integral steps in the process of checking semiconductor devices.
In United States v. Corning Glass Works, 586 F.2d 822, decided by the US Court of Customs and Patent Appeals in 1978, it was determined that the term “checking instruments” applies to machines that “carry out steps in a process for inspecting ampules to determine whether they conform to an imperfection-free standard.” Taking that decision into account, Customs and Border Protection has previously classified machines that carry out steps in a process for inspecting and ascertaining the conditions of electrical quantities as measuring or checking instruments and apparatus of Chapter 90 (see Headquarters Ruling Letter H192481, dated June 25, 2014, which cites several examples of this). The dynamic test handlers covered by your submission are machines that carry out steps in the process of determining whether packaged integrated circuit devices conform to an imperfection-free standard, a process in which the devices are subjected to electrical testing. Consequently, the three test handler models at issue would be classified as apparatuses for measuring or checking electrical quantities.
The applicable subheading for the dynamic test handlers will be 9030.82.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities,
excluding meters of heading 9028; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionizing radiations; parts and accessories thereof: Other instruments and apparatus: For measuring or checking semiconductor wafers or devices. 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 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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division