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HQ 959157




May 21, 1996

CLA-2 RR:TC:MM 959157 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.89.00

Port Director
U.S. Customs Service c/o Chief, Residual Liquidation and Protest Branch 6 World Trade Center
Room 761
New York, New York 10048-0945

RE: Protest 1001-95-109483; KLA 1011 ACE Wafer Prober; KLA 1007 HF Wafer Prober

Dear Port Director:

The following is our decision regarding Protest 1001-95-109483, which concerns the classification of the KLA 1011 ACE Wafer Prober and KLA 1007 HF Wafer Prober under the Harmonized Tariff Schedule of the United States (HTSUS). The subject merchandise was entered on May 27, 1994, the entry was liquidated by operation of law, on May 19, 1995, and then, reliquidated, on August 11, 1995. The protest was timely filed on November 2, 1995.

The wafer probers were entered under subheading 9030.89.00, HTSUS (1994), which provides for other instruments and apparatus for measuring or checking electrical quantities. They were classified upon liquidation under subheading 9031.40.80, HTSUS (1994), which provides for other optical measuring or checking instruments, appliances and machines, not specified or included elsewhere in chapter 90.

After review of the file, and conversations with National Import Specialist Eric Francke, we are in agreement that the wafer probers are properly classifiable under subheading - 2 -

9030.89.00, HTSUS. See HQ 950947, dated February 25, 1992 (concerning the classification of a system that used optical elements to set the location of the device's measuring slide). Thus, the protest should be granted.

If you have any further questions, please contact Larry Ordet, of my staff, at (202) 482-7028.

Sincerely,

John Durant, Director

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