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NY K87804




July 22, 2004
CLA-2-84:RR:NC:1:104 K87804

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.8476

Mr. Mark P. Parker
Tokyo Electron America, Inc.
2400 Grove Boulevard
Austin, Texas 78741

RE: The tariff classification of single wafer deposition equipment from Japan

Dear Mr. Parker:

In your letter dated July 7, 2004 you requested a tariff classification ruling.

You state that Tokyo Electron Limited’s (TEL) Chemical Vapor Deposition systems are common thin film deposition process equipment used to lay a very thin film on the wafer surface. Thin films may be metals, semiconductors or insulators used as permanent parts of microcircuits. CVD is a process by which thin layers of electronic materials are formed on a substrate from a gaseous mixture of reactive chemicals. The deposited materials are then patterned to create the individual elements that make up the integrated circuits. TEL’s CVD systems are Low-pressure CVD systems used primarily for deposition of oxide, nitride, metal, and polysilicon. In particular, TEL’s CVD systems provide solutions to the most advanced CVD tungsten, tungsten silicide, titanium, titanium nitride, and tantalum oxide process requirements for DRAM and Logic applications.

The models at issue here include the following:

Unity EP CVD – a single wafer type, multichamber system for 150 and 200mm wafers. It includes modules for metal deposition on wafers, dry cleaning for removing a native oxide film, annealing for heat processing and a cooling module.

MB-730 – a continuous multi-chamber metal CVD system that picks up wafers continuously from two standard cassettes. The process module is divided into a process chamber and a mass flow control box (or gas box). This model also handles 150mm and 200mm wafer.

Trias TI-CVD and the TiN-CVD are process modules that use the heat plasma chemical reaction deposition method. These modules handle 300 mm wafers.

Trias SPA – a process module that performs radical processing using microwave plasma. The SPA (Slot Plane Antenna) is a plasma source that can uniformly generate high density and low electron temperature plasma. The system handles 200mm and 300mm wafers.

You suggest that all of these models are classifiable under HTS subheading 8479.89.84 in which statistical breakout 76 describes chemical vapor deposition (CVD) apparatus including low pressure and plasma enhanced systems.

The applicable subheading for all of the above model Low Pressure CVD systems will be 8479.89.8476, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter: other machines and mechanical appliances: other: other: machines for processing of semiconductor materials; machines for production and assembly of diodes, transistors and similar semiconductor devices and electronic integrated circuits: chemical vapor deposition (CVD) apparatus including low pressure and plasma enhanced systems. 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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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