CLA-2-84:RR:NC:1:103 G86685
Mr. Steven W. Baker
Steven W. Baker and Associates
One Sutter Street, Suite 1004
San Francisco, CA 94104-4919
RE: The tariff classification of sputtering machine components from Japan
Dear Mr. Baker:
In your letter dated January 24, 2001 on behalf of Nimtec Inc. you requested a tariff classification ruling.
Your client intends to import certain parts for Vectra™ IMP sputtering machines manufactured by Applied Materials. Sputtering machines utilize a technique known as physical vapor deposition to deposit extremely thin, uniform layers of materials onto substrates such as semiconductor wafers, magnetic and optical media, and flat panel displays. The specific components about which you inquired are coils, clamps, pins, cups, and inner conductors.
The physical vapor deposition process, which is performed in a vacuum chamber within the Vectra™ sputtering machine, utilizes a medium density ion metal plasma source. During the deposition process, it is essential that no extraneous particles of elements that are not intended for deposition be introduced into the vacuum chamber where the deposition occurs. Therefore, items such as the articles mentioned above which are used within the vacuum chamber, and which are thus exposed to the ionized metal plasma gas, must be composed of high purity metals of the same material being sputtered onto the substrate, or be made of a non-reactive or non-interfering metal. These specific parts may thus be made of high purity copper, tantalum, titanium, or occasionally other materials. They must be replaced when a different sputtering metal is used, or when they have become contaminated or eroded due to their use in the sputtering chamber. However, you have stated that in all cases they are designed for and specifically used in a particular sputtering machine.
The coil is a ring-shaped part that is mounted between the sputtering target and the substrate. It supplies RF power which ionizes the gas produced in the sputtering chamber, thus forming a plasma. The RF power is supplied to the coil through a clamp which is attached to the coil. The cup and inner conductor support the coil within the chamber, ensure that it is precisely mounted, and conduct excess heat away from the coil. In a supplemental submission dated Feb. 20, 2001 you indicated that, when these parts are made of copper, the clamp holds the coil in place and the subassembly formed by these components is fastened to the sputtering chamber by means of threaded copper pins whose hole is less than 6 millimeters in diameter. When the subassembly is composed of tantalum or titanium, no inner conductor or clamp is used; in this case, the threaded pins both secure the coil and provide a path for supplying the RF power to the coil. In your supplemental submission you further advised that these parts are imported in stock quantities, but not in sets.
Sputtering machines are classifiable in subheading 8479.89, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in Chapter 84). Thus the applicable subheading for the coils, clamps, cups, and inner conductors, whether made of copper, tantalum, or titanium, will be 8479.90.9595, HTS, which provides for parts of machines and mechanical appliances having individual functions, not specified or included elsewhere (in Chapter 84): other: other. The duty rate will be free.
The pins are considered to be parts of general use of base metal , as defined in note 2 to Section XV, and are thus excluded from classification as parts of the sputtering machine by virtue of note 1(g) to Section XVI. The applicable subheading for the copper pins will be 7415.32.9000, HTS, which provides for screws, bolts, nuts, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of copper: other threaded articles: other screws; bolts and nuts: other: having shanks, threads or holes less than 6 mm in diameter. The duty rate will be 3 percent ad valorem. The applicable subheading for the tantalum pins will be 8103.90.0000, HTS, which provides for tantalum and articles thereof…: other. The rate of duty will be 4.4 percent ad valorem. Finally, the applicable subheading for the titanium pins will be 8108.90.3060, HTS, which provides for titanium and articles thereof…: other: articles of titanium: other. The duty rate will be 5.5 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 Alan Horowitz at 212-637-7027.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division