CLA-2 CO:R:CV:G: 084646 JLV
Raymond F. Sullivan, Jr., Esq.
Soller, Singer & Horn
1155 Fifteenth Street, N.W., Suite 314
Washington, D.C. 20005
RE: Laser inspection device; optical measuring or checking
instrument
Dear Mr. Sullivan:
In a letter of May 15, 1989, on behalf of your client,
Nikon Precision Inc., you request reconsideration of a ruling
dated March 16, 1989 (file 837738), in which your client's
product, the Nikon Lampas-HD was classified as an optical
measuring or checking instrument in subheading 9031.40.0000,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). We affirm the classification.
FACTS:
The description of the article is not in dispute, nor are
the facts as to how it functions. The Nikon Lampas-HD (laser
micro-pattern analyzer system) is used to measure line width
dimensions and layer to layer registration on semiconductor
wafers, photomasks, and reticles. The instrument has a laser
pattern edge detection system which uses an ultraviolet
helium-cadmium laser beam and a high-resolution laser
interferometer.
In operation, the laser spot scans a circuit pattern and
the scanned distance is monitored by an interferometer. When
the laser hits the edge of a circuit pattern, it is scattered
and reflected. The detectors in the system detect the
scattered and reflected laser spot, and a personal computer
(incorporated into the system) notes the laser interferometer
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count at that point. This is repeated until all pattern edges
are measured. The operator may observe the operation of the
instrument using an auxiliary television system.
In a ruling issued March 16, 1989 (file 837738), Customs
held that the Lampas HD system was an optical measuring or
checking instrument. You believe that the system is not
"optical" because 1) the measurement is performed
electronically, 2) the optical elements in the system are used
for a subsidiary purpose, and 3) the criteria used under the
former tariff schedules remain applicable by virtue of the
additional U.S. legal note 3, chapter 90, HTSUSA.
ISSUE:
What constitutes an "optical" measuring or checking
instrument for purposes of classification in subheading
9031.40, HTSUSA?
LAW AND ANALYSIS:
The Customs Service has issued two recent rulings on the
classification of similar types of measuring or checking
systems. In a ruling of April 21, 1989 (file 080294), we
considered an HDD optical disk flaw inspection system which
contained lenses and mirrors for detection of flaws exposed by
a light source directed onto the article to be inspected. The
scanning process resulted in a printed read-out, a printed
colored flaw map, or a display on a color monitor. The
optical elements were necessary to the function of the system.
We held that the system was classified as an optical measuring
or checking instrument in subheading 9031.40.0000, HTSUSA. A
similar system, described as a PKD surface flaw inspection
system, was also classified as an optical measuring or
checking instrument in a ruling of April 21, 1989 (file
079830).
The optical elements incorporated into the system in
issue are essential to its operation. Furthermore, laser rays
are routed through the optical elements. The relationship of
these optical elements to the instrument are not subsidiary to
the function of the instrument. Additional U.S. note 3,
chapter 90, is noted and we determine that it does not
preclude classification of the instrument as an optical
instrument.
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Finally, we affirm our position in the ruling of April
21, 1989 (file 080294), that an instrument is an optical
instrument for classification purposes if the optics are
required to process, as is done in this case, the information
in order to present it in usable form. This constitutes an
aid or an enhancement of human vision.
HOLDING:
The Nikon Lampas HD is properly classified as an optical
measuring or checking instrument in subheading 9031.40.0000,
HTSUSA. Our ruling of March 16, 1989 (file 837738), is
affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: AD NY Seaport
2cc: Chief, CIE
1cc: NIS Barbara Kiefer
1cc: AC, CO
1cc: Director, Trade Ops
1cc: Director, CommRulDiv
1cc: Reading File
LIBRARY: valentin
FILE NAME: 084646