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HQ 087455


October 2, 1990

CLA-2 CO:R:C:G 087455 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.40.00
9011.10.80

Mr. Jay C. Clemens, Esq.
Baker & McKenzie
Two Embarcadero Center
Twenty-Fourth Floor
San Francisco, CA 94111-3909

RE: KLA Wafer Defect Review Station; Stereoscopic Optical Microscope; Robot Arm; Color RGB Camera; Color Monitor; Data Processing Machine; Software

Dear Mr. Clemens,

Your request on behalf of KLA Instruments Corporation dated March 15, 1990, and supplemented on May 15, 1990, for a classification ruling on the KLA Wafer Defect Review Station has been referred by the Regional Commissioner of Customs, New York to Customs Headquarters for a reply. Our ruling follows.

FACTS:

The merchandise consists of the KLA-2600 and 2606 Wafer Defect Review Stations. The merchandise is described in the submissions dated March 15, 1990 and May 15, 1990, and the preliminary product specification sheets.

The March 15, 1990 submission states that the Defect Review Station is used to examine, inspect and classify wafer defects that have been identified by a "Wafer Inspector". The Wafer Inspector is a separate apparatus not under consideration in this ruling. It is stated that the principal components of the Review Station are a computer, robotic wafer handling arm, X-Y stage and a stereoscopic microscope. Using computer data received from the Wafer Inspector, the robotic arm and X-Y stage position the wafer for viewing under the microscope.

The May 15, 1990 submission states that the Review Station also includes a color RGB camera, color monitor and software. It is stated that the camera and monitor can be used to produce
images of wafer defects. Wafer defect data that the Review Station receives from the Wafer Inspector is also displayed on the Review Station's color monitor. The KLA-2606 Review Station differs from the 2600 Station in that its components are incorporated in a single housing and it has a more sophisticated wafer positioning capability.

The product specifications additionally provide that the software of the KLA-2600 Review Station allows the Station to operate in review and inspect modes. In the review mode the Station automatically displays defect information for the current defect under review. Displayed defect records include data such as wafer, test, x-die and y-die, x-location and y-location, x- size and y-size, percent defective, layer, step and classification. The operator can input additional defect information. In inspect mode the operator can add additional defect records and add data regarding defects located in wafer areas which were not inspected by the Wafer Inspector. Records containing additional inspection information can be transmitted to the KLA-2510 "Analysis Station", a separate apparatus not under consideration in this ruling. Although the product specifications for the KLA-2606 Review Station do not specifically state that the Station operates in inspect mode, it is assumed that it does because this was not cited as a difference between the 2600 and 2606 stations in the May 15 submission.

ISSUE:

Is the merchandise classified as a compound microscope in Heading 9011, or as a measuring or checking instrument, appliance or machine in Heading 9031?

LAW AND ANALYSIS:

The importer submits that the merchandise is classified as an optical microscope in Heading 9011. It is argued that the computer controls the positioning of the wafer for inspection, a function that is performed whenever a microscope is used. It is also argued that the color camera and color monitor are subsidiary to the microscope.

The Explanatory Notes to Heading 9011, p. 1476 provide that Heading 9011 covers special purpose microscopes including those used for measuring or checking operations in certain manufacturing processes. The Explanatory Notes at pp. 1476-1477 also provide that the types of attachments for Heading 9011 microscopes include specimen stages, stands with various adjusting accessories, and specimen-guides.

Although the stereoscopic microscope and its positioning attachments might separately fall in Heading 9011, the Review Station as a whole is not described as a Heading 9011 microscope. In addition to controlling the robotic positioning arm, the Review Station's computer receives data transmitted from the Wafer Inspector, facilitates the input of additional data and allows the data regarding the inspected defects to be sent to the Analysis Station. The Review Station's color camera and color monitor provide an additional means of viewing images of wafer defects. The color monitor also displays the defect data received from the Wafer Inspector. This data is collected by the Wafer Inspector and received by the Review Station prior to the time the microscope is used. The color camera, color monitor and computer (except possibly the robot arm controlling functions) do not perform functions of stereoscopic microscopes and are not similar to the components or attachments illustrated in the Explanatory Notes to Heading 9011.

The Review Station is a combination of components which utilizes the features of a computer, color camera, color monitor and microscope. The components are designed to be used together to effectively perform the intended function of the Station. The color camera, color monitor and computer are not subordinate to the microscope. The Review Station as a whole is not described as a Heading 9011 microscope and is not classified in Heading 9011.

The KLA-2600 and 2606 Review Stations function as checking or measuring instruments, appliances or machines. The Stations are used to check the wafers for defects in areas which were not inspected by the Wafer Inspectors. When inspecting previously located defects the Review Stations work in conjunction with the Wafer Inspectors in a checking process. In this process the Review Stations are used to closely inspect and check the features of the wafer defects so they can be properly identified and classified.

The Court in United States v. Corning Glass Works, 66 CCPA 25, 27, 586 F. 2d 822, 825 (1978), quoting Webster's Third New International Dictionary, 381 (1971) stated:

"Check" is defined as "to inspect and ascertain the condition of esp. to determine that the condition is satisfactory: * * * investigate and ensure accuracy, authenticity, reliability, safety or satisfactory performance of * * * : to investigate and make sure about conditions or circumstances * * *."

In areas of the wafers which were not inspected by the Wafer Inspectors, the Review Stations are used to inspect and ascertain their condition in order to determine whether their condition relating to defects is satisfactory. When inspecting defects already located by the Wafer Inspectors, the Review Stations investigate the nature of the defects and make sure the defects are properly classified according to the classification criteria used by the Station operator.

The Review Stations are optical measuring or checking instruments, appliances or machines, not specified elsewhere and are classified in 9031.40.00, HTSUSA. Pursuant to Chapter 85 Note 6, any of the Review Station's software in the form of magnetic "floppy" discs is classified in 8524.90.40, HTSUSA.

HOLDING:

The KLA-2600 and 2606 Review Stations are classified as optical measuring or checking instruments, appliances or machines, not specified elsewhere, in 9031.40.00, HTSUSA. Any of the Review Station's software in the form of magnetic "floppy" discs is classified in 8524.90.40, HTSUSA.

Sincerely,


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