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NY I82431




June 17, 2002

CLA-2-84:RR:NC:1:103 I82431

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897

Mr. Michael Shoule
J.W. Hampton, Jr. & Co., Inc.
161-15 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of component placement machines from Korea

Dear Mr. Shoule:

In your letter dated May 20, 2002 on behalf of Samsung Technology, Inc. you requested a tariff classification ruling.

With your inquiry you submitted brochures describing four models of component placement machines used to assemble electrical components such as integrated circuits onto printed circuit boards (PCBs). The model CP40C/CV basically features a three-stage conveyor for transporting PCBs through the machine, an image sensing vision unit, three placement heads powered by rack and pinion drives and ball spline technology to eliminate backlash, transmit rotational position to the nozzle, and increase placement speed and accuracy, a laser non-contact component positioning system, a high speed automatic nozzle changer, a Windows based operating system, and up to 104 eight millimeter tape feeders. The machine can accept PCBs ranging in size from 50 mm by 30 mm to 460 mm by 400 mm, and can properly position and place a component in as little as .26 second per chip with a placement accuracy of .1 mm.

The models CP45FV, CP50CM and CP60L are similar in function and use to the model CP40C/CV. The model CP45FV incorporates six placement heads, each with its own camera vision system for component recognition, and has a placement rate of .19 second per chip. The model CP50CM can place odd-form as well as conventional devices utilizing one head dedicated to the odd-form components and two high speed placement heads for the conventional components. The model CP60L incorporates a unique dual gantry twelve spindle nozzle mechanism. One gantry unit places the electrical components in their proper position on the PCB while the other simultaneously picks components off the feeder tapes, thus reducing the time between picking and placing operations and increasing throughput. It can hold up to 116 tape feeders and, under ideal conditions, can assemble up to 36,000 chips per hour.

In your letter you suggested that these placement machines may be classifiable in subheading 8479.89.8490, Harmonized Tariff Schedule of the United States (HTS), a provision for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: machines for production and assembly of diodes, transistors and similar semiconductor devices and electronic integrated circuits . However, these models do not actually assemble a diode, transistor, similar semiconductor device or electronic integrated circuit. Rather, they take such electronic components which have already been assembled and place them onto PCBs. The Customs Service has previously ruled that such machines are not encompassed by the language of this subheading – see, for example, Ruling Letters HQ 962060 dated June 8, 1999 and NY A88431 dated Oct. 31, 1996.

The applicable subheading for the CP40C/CV, CP45FV, CP50CM, and CP60L component placement machines will be 8479.89.9897, 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 2.5 percent ad valorem.

It should be noted that, in accordance with Note 6 to Chapter 85, software imported with these machines may be separately classifiable in the appropriate subheading of heading 8524, HTS.

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 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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