HQ 955911 - Revocation of HQ 950417; Ferrite Substrate; Nickel Zinc Ferrite; Thin Film Magnetic Recording Heads; Parts of Automatic Data Processing Machines; Electrical Machines and Apparatus n.s.p.f.; Ceramic; HQs 082097, 950623; ITT Thompson Industries, Inc. v. U.S; The Deseret Co., v. U.S. - United States International Trade Commision Rulings

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HQ 955911

August 8, 1994

CLA-2 CO:R:C:M 955911 MBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6914.90.00

Mr. Jerome Schraub
MI-TU Instructional Services, Inc.
P.O. Box 346, Alden Manor Branch
Floral Park, N.Y. 11003

RE: Revocation of HQ 950417; Ferrite Substrate; Nickel Zinc Ferrite; Thin Film Magnetic Recording Heads; Parts of Automatic Data Processing Machines; Electrical Machines and Apparatus n.s.p.f.; Ceramic; HQs 082097, 950623; ITT Thompson Industries, Inc. v. U.S; The Deseret Co., v. U.S.

Dear Sir:

This is in reference to HQ 950417, dated January 7, 1992, regarding the classification of ferrite substrates for thin film magnetic recording heads, under the Harmonized Tariff Schedule of the United States (HTSUS). We have reviewed this ruling and find that it is in error.

FACTS:

The ferrite substrates are imported both in disk form and rectangular shape. They are comprised of undoped nickel zinc ferrite. They are not comprised of more than one material. After importation, the disks and rectangles are further manufactured into "Thin Film Heads." Thin Film Heads are small electromagnets formed on a substrate using processes very much like those used in semiconductor processing. These substrates are machined (after importation) into sliders that fly at a height of 11 millionths of an inch above the disk surface.

A thin film disk head records data on the media track by magnetic impulses of zeros and ones. The head also reads the impulses by sensing changes in the magnetic flux of signals already written, and translates those signals back into data.

Ferrites are ceramic materials which exhibit a high degree of magnetic sensitivity. Ferrite material is manufactured by combining certain metallic oxides with a binding agent under high temperature and pressure.

Because of their high electrical resistivity and magnetic permeability, magnetically soft ferrites are particularly well suited for the storage, transmission, or reception of magnetic energy. The resistivity of ferrite material also allows those materials to be used in the conversion of electric energy into magnetic energy and vice versa via induction. Because of these capabilities, ferrite material is commonly used in computer memories and electrical components.

ISSUE:

What is the classification of unfinished ferrite substrates for thin film magnetic recording heads, under the Harmonized Tariff Schedule of the United States (HTSUS)?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

...classification shall be determined according to the terms of the headings and any relative section or chapter notes...

HQ 950417, dated January 7, 1992, held that the instant ferrite substrates were classifiable under subheading 8543.80.90, HTSUS, which provides for: "[e]lectrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter: [o]ther machines and apparatus: [o]ther."

The term "apparatus" is intended to encompass a group of devices or a collection or set of materials, instruments or appliances to be used for a particular purpose or end. See ITT Thompson Industries, Inc. v. United States, 3 CIT 36, 44, 537 F. Supp. 1272, 1277-78, aff'd 703 F. 2d 585 (Fed. Cir. 1982), and The Deseret Co., v. United States, 10 CIT 609, 611 (1986).

In HQ 950417 it was our understanding that, like the ferrite cores in HQ 082097, dated March 14, 1989, the ferrite core consisted of a collection of materials. However, it has been brought to our attention that the instant ferrite cores are merely disk shaped or rectangular shaped ferrites. They are not sputtered or coated with metals or glass, as the ferrite cores in HQ 950623, dated December 23, 1991. The imported ferrite shapes are cut into numerous small rectangles, and then further machined to exacting specifications. Subsequently, they are manufactured into "Thin Film Heads." Thin Film Heads are small electromagnets formed on a substrate using processes very much like those used in semiconductor processing.

Therefore, because the instant ferrite cores do not consist of different materials, they are not classifiable as "machines" or "apparatus" in subheading 8543.80.90, HTSUS.

In HQ 082097 it was determined that the ferrite magnetic head had lost the character of ceramic articles. However, the magnetic recording head in HQ 082097 also contained the "slider unit" which was comprised of titanium carbide. Similarly, the instant ferrite cores have not lost the character of a ceramic article, and are thereby excluded from classification in subheading 8473.30.40, HTSUS, by operation of chapter 84 Legal Note 1(b).

Chapter 84, Legal Note 1(b) states:

1. This chapter does not cover:

(b) Appliances or machinery (for example, pumps) or parts thereof, of ceramic material (chapter 69) (Emphasis added).

Consequently, the ferrite cores are classifiable in subheading 6914.90.00, HTSUS, which provides for: "[o]ther ceramic articles: [o]ther."

HOLDING:

The MI-TU Instructional Services, Inc., ferrite substrates for thin-film magnetic recording heads, not comprising other materials, are classifiable under subheading 6914.90.00, HTSUS, which provides for: "[o]ther ceramic articles: [o]ther." The rate of duty is 8% ad valorem.

Sincerely,

John Durant, Director

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