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HQ 087394




March 11, 1991

CLA-2 CO:R:C:M 087394 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7002.20.10, 7002.20.50
7002.31.00, 7014.00.10
7014.00.20, 7017.10.00
7020.00.00

District Director of Customs
1 East Bay Street
Savannah, GA 31401

RE: Glass Rods Or Tubes, Unworked; Laboratory Or Pharmaceutical Glassware; Other Articles Of Glass; Optical Elements Of Glass; Lenses; Prisms; Windows; Blanks; Modification Of HQ Ruling 554510 (February 14, 1989)

Dear Sir:

This is in response to your Request for Internal Advice No. 23/90 (CLA-1:SV:C:I:2:CAW), dated March 20, 1990, regarding the classification of certain articles of glass.

FACTS:

The merchandise consists of various articles of glass which are described by the importer as Rotosil, HQG, HSQ, BQ-B, Suprasil, Infrasil, Herasil, Homosil, Heralux, HLX-WG-LS, WG-HIP, and M235. Many of the forms and uses of the articles were described by the importer at the September 12, 1990 meeting, and in the September 25, 1990 submission. The descriptions were supplemented in the January 24, 1991 facsimile transmission.

Rotosil is opaque fused silica produced by centrifugally casting and arc fusing pure silica sand. The opaque fused silica is non-transparent and white in appearance due to the great number of very fine bubbles within the product. The material is capable of withstanding higher temperatures and a more corrosive environment than most metals, and does not contribute contaminants due to its purity. Rotosil products are entered in the form of bell jars and tubes which have a smooth, glazed inside surface and a coarse outer surface. It is also entered in the form of smooth surfaced rods. Rotosil products are
essentially finished products. They undergo some fabrication such as the drilling of holes or addition of flanges for use as chemical reactor vessels, tubes for chemical piping systems, and rods used for removing semiconductor "boats" from reactor vessels.

HQG is fused from pure quartz crystal. The product is primarily entered in the form of tubes several meters in length and 1" to 3" in wall thickness. HQG has no open bubbles on its outer surface giving it an appearance which is clearer than that of Rotosil. The product is pulled or otherwise manufactured into various tube sizes for fabrication into semiconductor wafer carriers and other fixtures used in the manufacture of semiconductor chips.

HSQ is electrically fused from pure quartz crystal. The product is entered in the form of large diameter tubes usually several meters in length and up to 3" in wall thickness, small diameter tubes up to 4.4mm in wall thickness, and in rod form. HSQ has no open bubbles on its outer surface. The large diameter tube form is drawn into smaller sizes and fabricated into furnace tubes which are used as furnace inserts in the manufacture of integrated circuits. The small diameter tube form is processed into furnace tubes. The rod form is further processed and is fabricated for use as parts of semiconductor wafer carriers and other furnace fixtures.

BQ-B is fused from pure quartz crystal. The product is primarily entered in ingot and rod forms of various diameters. The ingot form is drawn and fabricated into fixtures required in the manufacture of semiconductor chips, or crude windows. The rod form is drawn and fabricated into the solid components of semiconductor wafer carriers and other furnace fixtures.

In HQG, HSQ and BQ-B, light transmission is hampered by a large bubble content, and by water and other impurities contained in the material which absorb light. Further, small scale refractive index variations created in the production process cause light passing through the material to become significantly distorted.

Suprasil is a fused silica product produced by various chemical methods and then heat formed. Suprasil is purer than HQG, HSQ and BQ-B, and has a lower bubble content. The product is entered in the form of rods, ingots, discs, plates, prism blanks, cubes, rectangles and hollow cylinders. The rods are principally cut into window blanks. The ingots are principally cut into window, lens and prism blanks. The discs, plates, cubes and rectangles are lens and window blanks. The hollow cylinders are 80 to 200mm in outside diameter, 10 to 60mm in wall thickness
and 1 to 5 meters in length. The cylinders are drawn into tubes 3 to 40mm in outside diameter, 1 to 7mm in wall thickness and 300 to 2000mm in length, which are used as chemical processing tubes and as the outer cladding of fiber optic cables.

Infrasil, Herasil and Homosil are fused from high quality quartz crystal. The products are entered in the form of rods, ingots, discs, plates, prism blanks, cubes and rectangles. The rods are principally cut into window blanks. The ingots are principally cut into window, lens and prism blanks. The discs, plates, cubes and rectangles are lens and window blanks. The glass has good light transmission properties not hampered by the bubble content and other impurities found in HQG, HSQ and BQ-B.

Heralux, HLX-WG-LS, WG-HIP and M235 are fused from high quality quartz crystal. The products are entered in the form of hollow cylinders 80 to 200mm in outside diameter, 10 to 60mm in wall thickness and 1 to 5 meters in length. The cylinders are drawn into tubes 3 to 40mm in outside diameter, 1 to 7mm in wall thickness and 300 to 2000mm in length. The drawn Heralux tubes are used as lamp envelopes. The drawn HLX-WG-LS and WG-HIP tubes are used as outer cladding for fiber optic cables. The drawn M235 tubes are used as lamp envelopes.

ISSUE:

Is the merchandise classified as optical elements of glass in Heading 7014, as laboratory or pharmaceutical glassware in Heading 7017, as glass rods and tubes in Heading 7002, or as other articles of glass in Heading 7020?

LAW ANDANALYSIS:

Heading 7014 in pertinent part describes optical elements of glass, not optically worked. The Explanatory Notes to Heading 7014, p. 937, provide in part that the heading covers:

(B) Optical elements of glass (colourless or colored). The heading includes elements which are manufactured in such a way that they produce some required optical effect without being optically worked. These articles include mainly lenses and similar articles for automobile headlamps, parking lights...spotlight bulbs, pocket lamps, electric torches, switchboard or panel lights, and also certain common magnifying glasses.

The heading also includes blanks of optical elements and optical elements which require optical working.

The Suprasil, Infrasil, Herasil and Homosil discs, plates, prism blanks, cubes and rectangles are blanks for lenses, prisms or other optical elements. The bubble contents and impurity levels of the materials are sufficient to produce the required optical effect. These articles are blanks and have not been optically worked. The Infrasil, Herasil and Homosil products are described by the importer as the optical line. Although the Suprasil discs, plates, prism blanks, cubes and rectangles are not described as part of the optical line, the bubble contents and impurity levels of the materials are obviously sufficient to produce the required optical effect, as demonstrated by their use as blanks for lenses, prisms or other optical elements.

The Suprasil, Infrasil, Herasil and Homosil discs, plates, cubes and rectangles which are of a class or kind of goods principally used as blanks for lenses are classified as lens blanks in 7014.00.10, HTSUSA. The prism blanks and remaining discs, plates, cubes and rectangles of Suprasil, Infrasil, Herasil and Homosil are classified as other optical elements in 7014.00.20, HTSUSA.

The Rotosil products are essentially finished products but do not produce the required optical effect and are not classified in Heading 7014. The remaining articles are not in the form of optical elements or blanks of optical elements, and are thus not classified in Heading 7014; because these remaining articles are not even in the form of blanks of optical elements, the question of whether the articles produce the required optical effect is not addressed in this ruling.

Heading 7017 in pertinent part describes laboratory or pharmaceutical glassware. The Explanatory Notes to Heading 7017, p. 940, provide that the heading "...covers glass articles of a kind in general use in laboratories (research, pharmaceutical, industrial, etc.), including...special bell-jars...etc." The Rotosil bell jars are essentially finished articles which have the essential character of laboratory or pharmaceutical glassware. The Rotosil bell jars are classified as laboratory or pharmaceutical glassware, of fused quartz or other fused silica, in 7017.10.00, HTSUSA.

Heading 7002 in part describes unworked rods or tubes. The Explanatory Notes to Heading 7002, p. 927, provide that rod and tubing of the heading "...must be unworked (i.e., as obtained direct from the drawing process or merely cut into lengths the ends of which may have been simply smoothed)." The Rotosil, HSQ, BQ-B, Suprasil, Infrasil, Herasil and Homosil rods are classified as glass rods, unworked, of fused quartz or other fused silica, in 7002.20.10, HTSUSA. The Rotosil and HQG tubes, HSQ large and small diameter tubes, and Suprasil, Heralux, HLX-WG-LS, WG-HIP
and M235 hollow cylinders are classified as glass tubes, unworked, of fused quartz or other fused silica, in 7002.31.00, HTSUSA.

Heading 7020 describes other articles of glass. The BQ-B, Suprasil, Infrasil, Herasil and Homosil ingots are classified as other articles of glass in 7020.00.00, HTSUSA.

HQ Ruling 554510 (February 14, 1989) held that certain commercial type WG products were classified under the TSUS as optical glass in any form, in Item 540.67. HQ Ruling 554510 additionally held that under the HTSUSA these products were classified as signalling glassware or optical elements, not optically worked, in subheading 7014.00.20. It appears that the product information was provided and analysis was performed in HQ Ruling 554510 for the purpose of determining whether the products were classified under the TSUS as optical glass in any form. It does not appear that the requirements of HTSUSA Heading 7014, i.e., that the glass be in the form of signalling glassware, optical elements or blanks thereof, not optically worked were at issue in HQ Ruling 554510.

Accordingly, HQ Ruling 554510 (February 14, 1989) is modified to delete the last paragraph of the holding, which classified the Commercial Type WG tubing, cylinders from which Commercial Type WG tubing is fabricated, and preforms in 7014.00.20, HTSUSA. Because this modification is based on certain HTSUSA requirements not being at issue in HQ Ruling 554510, this modification should not be interpreted as a determination that subheading 7014.00.20 or any other subheading under the HTSUSA is or is not applicable. This modification has no effect on the TSUS classifications in HQ Ruling 554510.

HOLDING:

The Suprasil, Infrasil, Herasil and Homosil discs, plates, cubes and rectangles which are of a class or kind of goods principally used as blanks for lenses are classified as lens blanks in 7014.00.10, HTSUSA. The prism blanks and remaining discs, plates, cubes and rectangles of Suprasil, Infrasil, Herasil and Homosil are classified as other optical elements in 7014.00.20, HTSUSA.

The Rotosil bell jars are classified as laboratory or pharmaceutical glassware, of fused quartz or other fused silica, in 7017.10.00, HTSUSA.

The Rotosil, HSQ, BQ-B, Suprasil, Infrasil, Herasil and Homosil rods are classified as glass rods, unworked, of fused quartz or other fused silica, in 7002.20.10, HTSUSA. The Rotosil
and HQG tubes, HSQ large and small diameter tubes, and Suprasil, Heralux, HLX-WG-LS, WG-HIP and M235 hollow cylinders are classified as glass tubes, unworked, of fused quartz or other fused silica, in 7002.31.00, HTSUSA.

The BQ-B, Suprasil, Infrasil, Herasil and Homosil ingots are classified as other articles of glass in 7020.00.00, HTSUSA.

HQ Ruling. 554510 (February 14, 1989) is modified to delete the last paragraph of the holding, which classified the Commercial Type WG tubing, cylinders from which Commercial Type WG tubing is fabricated, and preforms in 7014.00.20, HTSUSA. This modification should not be interpreted as a determination that subheading 7014.00.20 or any other subheading under the HTSUSA is or is not applicable. This modification has no effect on the TSUS classifications in HQ Ruling 554510.

Sincerely,

John Durant, Director
Commercial Rulings Division

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