CLA-2 CO:R:C:G 082707 MBR
Mr. Ken Hashimoto
Expediters International, Inc.
880 Hinckley Road
Burlingame, CA 94010
RE: Synthetic ruby capillaries for thermosonic and
thermocompression welding
Dear Mr. Hashimoto:
This is in reply to your letter of January 19, 1988, on behalf
of Rikei Corporation of America, concerning the classification of
synthetic ruby capillaries for welding, under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).
FACTS:
Electrical connections between microcircuit chips and external
circuitry are generally made using fine gold or aluminum wires
which are fed through capillaries made of ceramic or synthetic
ruby. Due to the fact that the silicon based microcircuit chips
are degraded when subjected to temperatures in excess of 350
degrees Centigrade, the wires are attached using either
relatively low temperature thermocompression welding (also known
as hot pressure welding), or ultrasonic solid phase welding.
Ultrasonic wire welds are formed at almost ambient temperature
and the technique is suitable for welding both gold and aluminum
wires. The capillaries under consideration are comprised wholly
of synthetic ruby.
ISSUE:
What is the classification of the synthetic ruby capillaries
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA)?
LAW AND ANALYSIS:
Chapter 71 provides for synthetic gemstones. The General Rules
of Interpretation (GRIs) to the HTSUSA govern the classification
of goods in the tariff schedule. GRI 1 states, in pertinent
part:
...classification shall be determined according to the terms
of the headings and any relative section or chapter notes...
Legal Note 3 (ij) to chapter 71 states:
This chapter does not cover: ...machinery, mechanical
appliances or electrical goods, or parts thereof, of
section XVI. However, articles and parts thereof,
wholly of precious or semiprecious stones (natural,
synthetic or reconstructed) remain classified in this
chapter.... (Emphasis added)
Heading 8515, chapter XVI, provides for:
Electric (including electrically heated gas), laser or
other light or photon beam, ultrasonic, electron beam,
magnetic pulse or plasma arc soldering, brazing or
welding machines and apparatus, whether or not capable
of cutting; electric machines and apparatus for hot
spraying of metals or sintered metal carbides; parts
thereof.
However, the Harmonized Commodity Description and Coding
System, Explanatory Notes to Section XVI, Note I(B)(f), page
1130, states that this section does not cover "Articles of
precious or semiprecious stones (natural, synthetic or
reconstructed)."
Thus, even though a welding machine would be classifiable under
heading 8515, since the ruby capillaries consist wholly of
synthetic ruby, they are excluded from classification under
heading 8515 as parts by reason of HTS Explanatory Note to
Section XVI, I(B)(f). Conversely, the synthetic ruby capillaries
are included in Chapter 71 by reason of Legal Note 3 (ij).
HOLDING:
Synthetic ruby capillaries utilized in thermosonic and
thermocompression welding are classifiable in subheading
7116.20.50, HTSUSA, which provides for "Articles of precious or
semiprecious stones (natural, synthetic or reconstructed):
Other." The rate of duty is 6.7% ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division