CLA-2-84:OT:RR:NC:1:104
Ms. Sylvia Bertolani
CEVA
8670 Younger Creek Drive
Sacramento, CA 95828
RE: The tariff classification of Custom Precision Positioning Stages from Switzerland
Dear Ms. Bertolani:
In your letter dated May 13, 2013 on behalf of Schneeberger Inc., you requested a tariff classification ruling.
The Custom Precision Positioning Stages are designed for use in electron beam microscopy semiconductor equipment which is loaded by an automated robotic wafer loader. The stages physically position 300mm semiconductor wafers under the beam of electrons or other optic so that the wafers’ surfaces down into the sub-micron range can be measured. The stages perform no measuring function, only a positioning function. The stages contain linear servo motors, imbedded frameless rotary servo motors, position feedback devices called encoders, miscellaneous non-magnetic machined metal structures used as mounting surfaces, wafer chuck attachments and hardware.
You propose classification in subheading 9031.90.70, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Parts or accessories of Electron beam microscopes fitted with equipment specifically designed for the handling and transport of semiconductor wafers or reticles. You note New York Ruling Letter I88124, dated December 4, 2002, classifying in 9033.00.00, HTSUS, stages designed for use with multiple beamed instruments, not only electron beam microscopes. In any case, specifically for stages for electron beam microscopes that are specifically designed for the handling and transport of semiconductor wafers or reticles, as of 2007, Note 1-g to Chapter 90, HTSUS, excludes the Machines and apparatus of heading 8486.
The applicable subheading for the Custom Precision Positioning Stages will be 8486.40.0030, HTSUS, which provides for “Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays; machines and apparatus specified in Note 9(C) to this chapter; parts and accessories: Machines and apparatus specified in note 9(C) to this chapter: For lifting, handling, loading or unloading of boules, wafers, semiconductor devices, electronic integrated circuits and flat panel displays”. The rate of duty will be free.
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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division