HQ 0084646 - Laser inspection device; optical measuring or checking instrument - United States International Trade Commision Rulings

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HQ 084646

September 13, 1989

CLA-2 CO:R:CV:G: 084646 JLV

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.40.0000

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
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.

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

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