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HQ 960862




November 18, 1997

CLA-2 RR:CR:GC 960862 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.95

Port Director of Customs
33 New Montgomery Street, #1501
San Francisco, CA 94105

RE: Protest 2809-96-101208; Imaging Film Laminator; Flex Transport System;
"The Handbook of Printed Circuit Manufacturing"; Chapter 85, Notes 4 and 5;
8479.89.85; 8479.90.95

Dear Port Director:

The following is our decision regarding Protest 2809-96-101208 concerning your action in classifying and assessing duty on an imaging film laminator and a flex transport system under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of an imaging film laminator and a flex transport system. The protestant claims that the imaging film laminator laminates film material onto the base of integrated circuits, and the flex transport system is part of an etching machine which removes film material from the base of integrated circuits. It is our understanding that the National Import Specialist involved with this protest attempted to obtain more information from the protestant, but was unsuccessful.

The imaging film laminator and flex transport system were entered on February 28, 1996, under subheading 8479.89.85, HTSUS, as a machine for processing of semiconductor materials or a machine for production and assembly of diodes, transistors and similar semiconductor devices and electronic integrated circuits, and under subheading 8479.90.95, HTSUS, as a part of a machine having individual functions, not specified or included elsewhere in chapter 84, HTSUS, respectively. The entry was liquidated on June 14, 1996, under subheading 8479.89.95, HTSUS, as other machines having individual functions, not specified or included elsewhere in chapter 84, HTSUS. The protest was timely filed on September 11, 1996.
ISSUE:

Whether the imaging film laminator is classifiable under subheading 8479.89.85, HTSUS, as a machine for processing of semiconductor materials or a machine for production and assembly of diodes, transistors and similar semiconductor devices and electronic integrated circuits, or under subheading 8479.89.95, HTSUS, as an other machine having individual functions, not specified or included elsewhere in chapter 84, HTSUS.

Whether the flex transport system is classifiable under subheading 8479.90.95, HTSUS, as a part of a machine having individual functions, not specified or included elsewhere in chapter 84, HTSUS, or under subheading 8479.89.95, HTSUS, as an other machine having individual functions, not specified or included elsewhere in chapter 84, HTSUS.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The 1996 HTSUS provisions under consideration are as follows:

8479.89.85: [m]achines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof:
[o]ther machines and mechanical appliances: [o]ther: [o]ther:
[m]achines for processing of semiconductor materials; machines for production and assembly of diodes, transistors and similar semiconductor devices and electronic integrated circuits; machines for the manufacturing of video laser discs.

Goods classifiable in this provision receive duty-free treatment.

8479.89.95: . . . : . . . : . . . : . . . : [o]ther.

The general, column one rate of duty for goods classifiable in this provision is
3.2 percent ad valorem.

8479.90.95: . . . : [p]arts: [o]ther.

The general, column one rate of duty for goods classifiable in this provision is
2.2 percent ad valorem.

According to a commercial invoice attached to the protest, the merchandise was imported into the U.S. for exhibition at the "IPC Show 1996". It is our understanding that the abbreviation "IPC" stands for the Institute for Interconnecting and Packaging Electronic Circuits, a trade association which represents firms involved in the manufacture of printed circuit boards (PCBs) and the assembly of electronic integrated circuits onto these boards.

One of the steps necessary to produce the circuitry on a PCB involves the lamination of a dry film photoresist onto the outer surface of the board. In later operations, this photoresist is exposed with a pattern and developed, allowing the desired circuit pattern to be etched onto the board. See "The Handbook of Printed Circuit Manufacturing" (Van Nostrand Reinhold Company, New York, 1985).

As stated, limited information was attached to the protest, and Customs was unsuccessful in obtaining more information from the protestant. Based upon the limited information provided, we find that the imaging film laminator is used in the manufacture of PCBs. A PCB is not a semiconductor material and is not in and of itself a semiconductor device or electronic integrated circuit. See chapter 85, notes 4 and 5, HTSUS, for definitions of printed circuits, semiconductor devices, and electronic integrated circuits. Therefore, as the imaging film laminator does not meet the terms of subheading 8479.89.95, HTSUS, it is precluded from classification under that provision. We agree with your office that the laminator is classifiable under subheading 8479.89.95, HTSUS.

With regard to the classification of the flex transport system, the protestant has offered no evidence that the system is a part of an etching machine. Again, based upon the limited information provided, we find that the system is precluded from classification under subheading 8479.90.95, HTSUS, and agree with your office as to its classification under subheading 8479.89.95, HTSUS.

HOLDING:

The imaging film laminator and the flex transport system are classifiable under subheading 8479.89.95, HTSUS, as other machines having individual functions, not specified or included elsewhere in chapter 84, HTSUS.

The protest should be DENIED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision, together with the Customs Form 19, should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of this decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act, and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division

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