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NY M84952





July 14, 2006

CLA-2-90:RR:NC:N1:105 M84952

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.90.6400

John M. Peterson
Neville Peterson LLP
17 State Street – 19th Floor
New York, NY 10004

RE: The tariff classification of the H606-03 Load Board from Malaysia

Dear Mr. Peterson:

In your letters dated November 16, 2005 and June 16, 2006, on behalf of your client Conexant Systems Inc., you requested a tariff classification ruling. No sample or photograph was submitted.

You state “The model H606-03 ‘Load Board’ is a plastics impregnated non-flexible multilayer printed circuit board featuring components which are soldered to the board after the printing process. The product is used as a testing device to perform electrical testing and checking on Conexant Model GW3887 integrated circuits (ICs). The imported H606-03 ‘Load Board’ is connected to an automatic Teradyne Model J750 semiconductor testing device.”

From the pages of circuit diagrams you have attached, we understand at least some of the soldered “components” to be diodes.

You also state “The Teradyne Model J750 testing device features ‘universal slot technology’, which allows it to accommodate a wide range of load boards. This is essential since load boards can vary widely in size (from 6” to 24” in diameter) and in shape (rectangular, circular, hexagonal). Integrated circuits are connected to the test board through a test socket, which is an intermediary connectorThe test socket into which the IC is placed is connected to the load board. One side of the load board contacts with the test head of the automatic test equipment (ATE, in this case the Teradyne J750).”

In addition, you state, “Local boards are sometimes known as ‘DUT’ (device under test) boards, and are in some cases known as ‘interface boards’.”

You propose classification in Harmonized Tariff Schedule of the United States (HTSUS) 9030.82. However, in use, the H606-03 is physically secured into a “slot” in the much larger Teradyne J750. At minimum, a great majority of the analysis of the electrical signals to determine if the IC is defective is performed by the Teradyne J750. We therefore consider the H606-03 to be a part or accessory for the J750, which would be classified in HTSUS 9030.82.

The H606-03 does not appear to be excluded from HTS Chapter 90 by its Note 2-a or 1 or by HTS Additional U.S. Rule of Interpretation 1-c.

You do propose HTSUS 9030.90.6400 as an alternative classification.

The applicable subheading for the H606-03 will be 9030.90.6400, HTSUS, which provides for Printed circuit assemblies, which are parts or accessories of instruments or apparatus of subheading 9030.82. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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