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NY D84410




November 24, 1998

CLA-2-84:RR:NC:1:103 D84410

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9797

Mr. Eduardo E. Lozano
Eduardo E. Lozano & Co., Inc.
13504 N. Unitec Drive
Laredo, TX 78045

RE: The tariff classification of a chip placer machine from Japan

Dear Mr. Lozano:

In your letter dated Oct. 22, 1998 on behalf of Temic Mexico SA de CV you requested a tariff classification ruling.

The Fuji FCP-IV-3 chip placer machine is used to position and mount electrical components such as diodes, transistors, and integrated circuits onto printed circuit boards. It incorporates a grayscale vision system utilizing a high resolution camera controlled by a dedicated, independent CPU to assist in properly orienting and mounting the parts. To accommodate the widest possible variety of electrical components, the FCP-IV-3 automatically compensates for height differences between part types, thus minimizing the load applied to the part and board. The machine also features a two-stage parts orientation system in order to reduce the time spent at each stage and thus increase placement speed to .15 second per part.

You indicated in your letter that this machine will be used to place a chip inside an ABS automobile brake module. You suggested that the proper classification for this machine is in subheading 8479.89.8590, Harmonized Tariff Schedule of the United States (HTS), a duty-free provision for other machines for production and assembly of diodes, transistors and similar semiconductor devices and electronic integrated circuits. However, subheading 8479.89.85, HTS, is limited to machines which actually produce or assemble diodes, transistors, and similar semiconductor devices and electronic integrated circuits themselves. The Fuji FCP-IV-3 does not produce or assemble these items, but rather assembles such articles which have already been produced onto PCBs. Accordingly, it is not eligible for classification in subheading 8479.89.8590, HTS.

The applicable subheading for the Fuji FCP-IV-3 chip placer machine will be 8479.89.9797, HTS, which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 2.7 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Horowitz at 212-466-5494.

Sincerely,

Robert B. Swierupski
Director,

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