CLA-2 CO:R:C:M 087394 CMS
7002.31.00, 7014.00.10
7014.00.20, 7017.10.00
7020.00.00
District Director of Customs
1 East Bay Street
Savannah, GA 31401
RE: Glass Rods Or Tubes, Unworked; Laboratory Or Pharmaceutical
Glassware; Other Articles Of Glass; Optical Elements Of
Glass; Lenses; Prisms; Windows; Blanks; Modification Of
HQ Ruling 554510 (February 14, 1989)
Dear Sir:
This is in response to your Request for Internal Advice No.
23/90 (CLA-1:SV:C:I:2:CAW), dated March 20, 1990, regarding the
classification of certain articles of glass.
FACTS:
The merchandise consists of various articles of glass which
are described by the importer as Rotosil, HQG, HSQ, BQ-B,
Suprasil, Infrasil, Herasil, Homosil, Heralux, HLX-WG-LS, WG-HIP,
and M235. Many of the forms and uses of the articles were
described by the importer at the September 12, 1990 meeting, and
in the September 25, 1990 submission. The descriptions were
supplemented in the January 24, 1991 facsimile transmission.
Rotosil is opaque fused silica produced by centrifugally
casting and arc fusing pure silica sand. The opaque fused silica
is non-transparent and white in appearance due to the great
number of very fine bubbles within the product. The material is
capable of withstanding higher temperatures and a more corrosive
environment than most metals, and does not contribute
contaminants due to its purity. Rotosil products are entered in
the form of bell jars and tubes which have a smooth, glazed
inside surface and a coarse outer surface. It is also entered
in the form of smooth surfaced rods. Rotosil products are
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essentially finished products. They undergo some fabrication
such as the drilling of holes or addition of flanges for use as
chemical reactor vessels, tubes for chemical piping systems, and
rods used for removing semiconductor "boats" from reactor
vessels.
HQG is fused from pure quartz crystal. The product is
primarily entered in the form of tubes several meters in length
and 1" to 3" in wall thickness. HQG has no open bubbles on its
outer surface giving it an appearance which is clearer than that
of Rotosil. The product is pulled or otherwise manufactured into
various tube sizes for fabrication into semiconductor wafer
carriers and other fixtures used in the manufacture of
semiconductor chips.
HSQ is electrically fused from pure quartz crystal. The
product is entered in the form of large diameter tubes usually
several meters in length and up to 3" in wall thickness, small
diameter tubes up to 4.4mm in wall thickness, and in rod form.
HSQ has no open bubbles on its outer surface. The large
diameter tube form is drawn into smaller sizes and fabricated
into furnace tubes which are used as furnace inserts in the
manufacture of integrated circuits. The small diameter tube form
is processed into furnace tubes. The rod form is further
processed and is fabricated for use as parts of semiconductor
wafer carriers and other furnace fixtures.
BQ-B is fused from pure quartz crystal. The product is
primarily entered in ingot and rod forms of various diameters.
The ingot form is drawn and fabricated into fixtures required in
the manufacture of semiconductor chips, or crude windows. The
rod form is drawn and fabricated into the solid components of
semiconductor wafer carriers and other furnace fixtures.
In HQG, HSQ and BQ-B, light transmission is hampered by a
large bubble content, and by water and other impurities
contained in the material which absorb light. Further, small
scale refractive index variations created in the production
process cause light passing through the material to become
significantly distorted.
Suprasil is a fused silica product produced by various
chemical methods and then heat formed. Suprasil is purer than
HQG, HSQ and BQ-B, and has a lower bubble content. The product
is entered in the form of rods, ingots, discs, plates, prism
blanks, cubes, rectangles and hollow cylinders. The rods are
principally cut into window blanks. The ingots are principally
cut into window, lens and prism blanks. The discs, plates, cubes
and rectangles are lens and window blanks. The hollow cylinders
are 80 to 200mm in outside diameter, 10 to 60mm in wall thickness
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and 1 to 5 meters in length. The cylinders are drawn into tubes
3 to 40mm in outside diameter, 1 to 7mm in wall thickness and 300
to 2000mm in length, which are used as chemical processing tubes
and as the outer cladding of fiber optic cables.
Infrasil, Herasil and Homosil are fused from high quality
quartz crystal. The products are entered in the form of rods,
ingots, discs, plates, prism blanks, cubes and rectangles. The
rods are principally cut into window blanks. The ingots are
principally cut into window, lens and prism blanks. The discs,
plates, cubes and rectangles are lens and window blanks. The
glass has good light transmission properties not hampered by the
bubble content and other impurities found in HQG, HSQ and BQ-B.
Heralux, HLX-WG-LS, WG-HIP and M235 are fused from high
quality quartz crystal. The products are entered in the form of
hollow cylinders 80 to 200mm in outside diameter, 10 to 60mm in
wall thickness and 1 to 5 meters in length. The cylinders are
drawn into tubes 3 to 40mm in outside diameter, 1 to 7mm in wall
thickness and 300 to 2000mm in length. The drawn Heralux tubes are
used as lamp envelopes. The drawn HLX-WG-LS and WG-HIP
tubes are used as outer cladding for fiber optic cables. The
drawn M235 tubes are used as lamp envelopes.
ISSUE:
Is the merchandise classified as optical elements of glass
in Heading 7014, as laboratory or pharmaceutical glassware in
Heading 7017, as glass rods and tubes in Heading 7002, or as
other articles of glass in Heading 7020?
LAW ANDANALYSIS:
Heading 7014 in pertinent part describes optical elements of
glass, not optically worked. The Explanatory Notes to Heading
7014, p. 937, provide in part that the heading covers:
(B) Optical elements of glass (colourless or colored).
The heading includes elements which are manufactured
in such a way that they produce some required optical
effect without being optically worked. These articles
include mainly lenses and similar articles for
automobile headlamps, parking lights...spotlight bulbs,
pocket lamps, electric torches, switchboard or panel
lights, and also certain common magnifying glasses.
The heading also includes blanks of optical elements
and optical elements which require optical working.
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The Suprasil, Infrasil, Herasil and Homosil discs, plates,
prism blanks, cubes and rectangles are blanks for lenses, prisms
or other optical elements. The bubble contents and impurity
levels of the materials are sufficient to produce the required
optical effect. These articles are blanks and have not been
optically worked. The Infrasil, Herasil and Homosil products are
described by the importer as the optical line. Although the
Suprasil discs, plates, prism blanks, cubes and rectangles are
not described as part of the optical line, the bubble contents
and impurity levels of the materials are obviously sufficient to
produce the required optical effect, as demonstrated by their use
as blanks for lenses, prisms or other optical elements.
The Suprasil, Infrasil, Herasil and Homosil discs, plates,
cubes and rectangles which are of a class or kind of goods
principally used as blanks for lenses are classified as lens
blanks in 7014.00.10, HTSUSA. The prism blanks and remaining
discs, plates, cubes and rectangles of Suprasil, Infrasil,
Herasil and Homosil are classified as other optical elements in
7014.00.20, HTSUSA.
The Rotosil products are essentially finished products but
do not produce the required optical effect and are not classified
in Heading 7014. The remaining articles are not in the form of
optical elements or blanks of optical elements, and are thus not
classified in Heading 7014; because these remaining articles are
not even in the form of blanks of optical elements, the question
of whether the articles produce the required optical effect is
not addressed in this ruling.
Heading 7017 in pertinent part describes laboratory or
pharmaceutical glassware. The Explanatory Notes to Heading 7017,
p. 940, provide that the heading "...covers glass articles of a
kind in general use in laboratories (research, pharmaceutical,
industrial, etc.), including...special bell-jars...etc."
The Rotosil bell jars are essentially finished articles which
have the essential character of laboratory or pharmaceutical
glassware. The Rotosil bell jars are classified as laboratory or
pharmaceutical glassware, of fused quartz or other fused silica,
in 7017.10.00, HTSUSA.
Heading 7002 in part describes unworked rods or tubes. The
Explanatory Notes to Heading 7002, p. 927, provide that rod and
tubing of the heading "...must be unworked (i.e., as obtained
direct from the drawing process or merely cut into lengths the
ends of which may have been simply smoothed)." The Rotosil, HSQ,
BQ-B, Suprasil, Infrasil, Herasil and Homosil rods are classified
as glass rods, unworked, of fused quartz or other fused silica,
in 7002.20.10, HTSUSA. The Rotosil and HQG tubes, HSQ large and
small diameter tubes, and Suprasil, Heralux, HLX-WG-LS, WG-HIP
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and M235 hollow cylinders are classified as glass tubes,
unworked, of fused quartz or other fused silica, in 7002.31.00,
HTSUSA.
Heading 7020 describes other articles of glass. The BQ-B,
Suprasil, Infrasil, Herasil and Homosil ingots are classified as
other articles of glass in 7020.00.00, HTSUSA.
HQ Ruling 554510 (February 14, 1989) held that certain
commercial type WG products were classified under the TSUS as
optical glass in any form, in Item 540.67. HQ Ruling 554510
additionally held that under the HTSUSA these products were
classified as signalling glassware or optical elements, not
optically worked, in subheading 7014.00.20. It appears that the
product information was provided and analysis was performed in HQ
Ruling 554510 for the purpose of determining whether the products
were classified under the TSUS as optical glass in any form. It
does not appear that the requirements of HTSUSA Heading 7014,
i.e., that the glass be in the form of signalling glassware,
optical elements or blanks thereof, not optically worked were at
issue in HQ Ruling 554510.
Accordingly, HQ Ruling 554510 (February 14, 1989) is
modified to delete the last paragraph of the holding, which
classified the Commercial Type WG tubing, cylinders from which
Commercial Type WG tubing is fabricated, and preforms in
7014.00.20, HTSUSA. Because this modification is based on
certain HTSUSA requirements not being at issue in HQ Ruling
554510, this modification should not be interpreted as a
determination that subheading 7014.00.20 or any other subheading
under the HTSUSA is or is not applicable. This modification has
no effect on the TSUS classifications in HQ Ruling 554510.
HOLDING:
The Suprasil, Infrasil, Herasil and Homosil discs, plates,
cubes and rectangles which are of a class or kind of goods
principally used as blanks for lenses are classified as lens
blanks in 7014.00.10, HTSUSA. The prism blanks and remaining
discs, plates, cubes and rectangles of Suprasil, Infrasil,
Herasil and Homosil are classified as other optical elements in
7014.00.20, HTSUSA.
The Rotosil bell jars are classified as laboratory or
pharmaceutical glassware, of fused quartz or other fused silica,
in 7017.10.00, HTSUSA.
The Rotosil, HSQ, BQ-B, Suprasil, Infrasil, Herasil and
Homosil rods are classified as glass rods, unworked, of fused
quartz or other fused silica, in 7002.20.10, HTSUSA. The Rotosil
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and HQG tubes, HSQ large and small diameter tubes, and Suprasil,
Heralux, HLX-WG-LS, WG-HIP and M235 hollow cylinders are
classified as glass tubes, unworked, of fused quartz or other
fused silica, in 7002.31.00, HTSUSA.
The BQ-B, Suprasil, Infrasil, Herasil and Homosil ingots are
classified as other articles of glass in 7020.00.00, HTSUSA.
HQ Ruling. 554510 (February 14, 1989) is modified to delete
the last paragraph of the holding, which classified the
Commercial Type WG tubing, cylinders from which Commercial Type
WG tubing is fabricated, and preforms in 7014.00.20, HTSUSA.
This modification should not be interpreted as a determination
that subheading 7014.00.20 or any other subheading under the
HTSUSA is or is not applicable. This modification has no effect
on the TSUS classifications in HQ Ruling 554510.
Sincerely,
John Durant, Director
Commercial Rulings Division