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July 22, 1999

CLA-2-84:RR:NC:MM:106 E84371

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.90.8080; 8543.89.9695

Mr. Jerry Felsher
JF Associates
18 Omni Court
New City, NY 10956

RE: The tariff classification of various components of e-beam evaporators from England

Dear Mr. Felsher:

In your letter dated June 29, 1999 you requested a tariff classification ruling.

The articles in question are components used in e-beam evaporators. In New York ruling E81114, dated May 12, 1999, issued to you, we classified e-beam evaporators in subheading 8419.89.9085, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, evaporating (or) vaporizing....: other machinery, plant or equipment: other: other: other: other: for other materials. The e-beam evaporator utilizes an electron beam to generate the high temperature necessary to vaporize a rod-shaped metal source, thus enabling the metal to be deposited onto a substrate in a molecular beam epitaxy system vacuum chamber which is used in semiconductor manufacturing and research. The components of the evaporator you wish classified are: a shutter, a flux controller, crucibles, crucible liners and replacement filaments.

The shutter, which can be operated manually or elctronically, is used to interrupt the evaporant beam in order to rapidly stop the evaporant from hitting the surface being worked. This allows for "fine tuning" of the thin films being placed on the work surface.

The flux controller is an electronic device connected to a monitor in the evaporator. Information received from the monitor tells the controller to adjust the power delivered to the evaporator filament and results in a more constant evaporant flux.

Crucibles, in various sizes and made of molybdenum tantalum or tungsten, may be used by customers in evaporators to evaporate an insulating material. Crucible liners, also of various sizes and made of pyrolitic boron nitride, are used if the customer does not want the material to be evaporated in contact with the crucible material.

Replacement filaments, imported either mounted or in piece and made of tungsten, are integral parts of the e-beam evaporator.

The applicable subheading for the shutter, crucibles, crucible liners and replacement filaments will be 8419.90.8080, HTS, which provides for other parts of machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, evaporating (or) vaporizing. The rate of duty will be 4 percent ad valorem.

The applicable subheading for the flux controller will be 8543.89.9695, HTS, which provides for other electrical apparatus, having individual functions, not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 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 Patrick J. Wholey at 212-637-7036.

Sincerely,

Robert B. Swierupski
Director,

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