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NY K86983




July 21, 2004
CLA-2-90:RR:NC:N1:105 K86983

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.82.0000

Tokyo Electron America, Inc.
Mr. Mark P Parker
P.O. Box 17200
Austin, TX 78760

RE: The tariff classification of Wafer Probers from Japan

Dear Mr. Parker:

In your letters dated May 4 and June 15, 2004, you requested a tariff classification ruling. No sample was submitted.

The items are the Tokyo Electron P-8 and P-12XL Fully Automatic Wafer Probers. Wafers are thin disks of silicon which have on their surface multiple integrated circuits (ICs), which will later be cut into individual dice.

The current JEM America web site describes, in general, the testing process for wafers:

“In the testing of integrated circuits, probe cards play this vital role of contacting the metal pads on a wafer’s surface. ICs are tested by large machines, called testers, which send a series of electrical signals to each IC. During testing, the probe card and IC are held in place by another machine, called a prober. The prober might be described as the “arm” of a tester, doing the mechanical work of moving and aligning the probe card and IC. The probe card then functions primarily as the “hand” of a tester, allowing it to “touch” the metal pads on a wafer’s surface This establishes an electrical connection between tester and IC, allowing signals to flow freely between them. An ICs response to these test signals then indicates whether it has been made correctly.”

The Standard and Poor’s Stock Reports concerning Electroglas, dated June 21, 1997 states, “A wafer prober successfully positions each integrated circuit on a wafer so that the electrical contact points on the finished wafer align under and make contact with the probe pins, which are located on a probe card mounted on the wafer prober.”

We consider that to be also a good summary of the function of your two Wafer Probers. The specifications which you provided for them refer almost exclusively to the precision of the physical movements that the Probers can perform.

Your Probers can perform no measurement or checking of electrical quantities by themselves. You indicate that you import neither probe cards nor testers, but design your items to be usable with the probe cards and testers sold by others.

Headquarters Ruling Letters 960051 DWS, 12-22-97, and 961003 DWS, 6-10-98, classified two Integrated Circuit Test Handlers in 9031 (9031.41 and 9031.80 respectively.) Both rulings specifically rejected classification in 9030.

IC Test Handlers are similar to Wafer Probers in that both move the IC into position to make the contacts needed for the electrical testing to be performed by a separate tester and both routinely provide a temperature control system to ensure that the IC is at the proper temperature. However, they do differ. The IC has been cut from the wafer and been packaged onto the frame and connectors, so the Test Handler inserts the individual packaged IC into a female test head and then removes it. The Wafer Prober moves the wafer with multiple undiced ICs into contact with the needles of the probe card.

These two items are quite similar to your probers classified in 9030.82 in New York Ruling Letter A89407-104, dated 11-25-96. A89407 was modified by HRL 961332, mailed to your firm on 4-7-98, but the modification did not affect the classification of the Wafer Probers so we take the CBP position to be that they are distinguishable for classification purposes from IC Test Handlers.

We agree that the applicable subheading for your P-8 and P-12XL will be 9030.82.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments or appliances for measuring or checking electrical quantities, for measuring or checking semiconductor wafers or devices. The rate of duty will be free.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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