CLA-2-96:OT:RR:NC:N4:433
Steven B. Zisser, Esq.
Customs Law Group
2297 Niels Bohr Court
San Diego, CA 92154
RE: The tariff classification of specially designed brushes from Taiwan.
Dear Mr. Zisser:
In your letter dated March 16, 2011, on behalf of ITW Rippey, you requested a tariff classification ruling. Samples were submitted with this ruling request.
ITW Rippey Part # Symmetry™ MC-PVA-64 (200mm), for Applied Materials tool Mirra Mesa, is described as an advanced post-CMP (Chemical Mechanical Planarization or Chemical Mechanical Polishing) cleaning tool that utilizes the ITW Rippey Microclean Symmetry™ PVA “Brush Roller” for rapid brush break-in and maximum uptime during brush change-out.
ITW Rippey Part # Symmetry™ MC-PVA-65 (300mm), for Applied Materials tool Reflexion, is described as an advanced post-CMP (Chemical Mechanical Planarization or Chemical Mechanical Polishing) cleaning tool that utilizes the ITW Rippey Microclean Symmetry™ PVA “Brush Roller” for rapid brush break-in and maximum uptime during brush change-out.
ITW Rippey Part # Symmetry™ MC-PVA-Puck Brush, for Novellus tool SpeedFam/IPEC, is described as an advanced post-CMP (Chemical Mechanical Planarization or Chemical Mechanical Polishing) cleaning tool that utilizes the ITW Rippey Microclean Symmetry™ PVA brush for rapid brush break-in and maximum uptime during brush change-out.
ITW Rippey Part # Symmetry™ MC-PVA-X Brush, for Di Nippon Screen tool AS-2000, is described as an advanced post-CMP (Chemical Mechanical Planarization or Chemical Mechanical Polishing) cleaning tool that utilizes the Rippey Microclean Symmetry™ PVA brush for rapid brush break-in and maximum uptime during brush change-out.
Part Drawing No. S-929091, Mandrel (spindle type – brush holder), is described as an instrument that holds, supports and secures the PVA brush within the semiconductor manufacturing machine. No composition of the mandrel was provided.
Information on PVA brushes found via the internet states: “PVA (polyvinyl alcohol or poly vinyl acetal) brushes are designed to deliver superior performance and wafer-to-wafer uniformity in post-CMP wafer cleaning applications. These brushes are constructed with a unique mold-through-the-core technology, which provides absolute adhesion of the PVA to the brush core, unlike standard PVA products that are merely friction fitted to the core.” Further illustrations of these types of brushes indicate that they are used inline with machines that manufacture wafers for the semiconductor industry.
When interpreting and implementing the Harmonized Tariff of the United States (HTSUS), the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. CBP believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989). Upon examination of the ENs for heading 9603, HTSUS, one finds that brush mountings and handles that are imported separately from that of their brushes are to be classified according to their constituent material.
The applicable subheading for the Brush Rollers, Puck Brush and X Brush, will be 9603.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Brooms, Brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized.….Other brushes constituting parts of machines, appliances or vehicles.” The rate of duty will be free.
At this time we are unable to provide a classification on the mandrel, as (1) no composition (materials used, weights of those materials and associated values) of the item was provided, (2) it is unclear whether the item will be imported with its brush, or in quantities in excess or less than that of its brush, and (3) we need detailed information on whether the item forms part of the brush or is a dedicated part of the machine.
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 http://www.usitc.gov/tata/hts/.
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 Neil H. Levy at (646) 733-3036.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division