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NY N004060




January 3, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.90.8400

Mr. James R. Coburn
Teradyne Inc.
700 Riverpark Drive
North Reading, MA 01864

RE: The tariff classification of Manipulator/Cooling Kiosk Country of Origin Unknown

Dear Mr. Coburn:

In your letters dated October 18 and December 5, 2006, you requested a tariff classification ruling. No sample was submitted.

You state: “The UltraFLEX is the first hybrid cooled Teradyne test system. The test head has universal slots that can be populated with instruments that are liquid or air-cooled. This gives the flexibility to use air-cooled FLEX family tester options, as well as, liquid cooled options designed for the UltraFLEX. The kiosk houses both the manipulator and a cooling fan in one integrated unit. The manipulator lifts and rotates the test head on X, Y and Z-axis. The kiosk is physically integrated with the UltraFLEX and is mounted directly to the main frame. The weight of the main frame acts as the ballast to keep the manipulator from tipping when the test head is lifted. The fan, which travels on the y-axis track of the manipulator, continuously ducts air to the air-cooled instruments in the test head. On-board sensors in the system monitor keep the UltraFLEX from overheating by shutting the tester down if the cooling fan is inoperative. A chase along the outside of the kiosk routes the send and return pipes for the liquid cooling pumped from the chiller unit in the mainframe to the test head, as well as, a chase for the test head cable bundle. A board located in the UltraFLEX receives commands from the tester’s control pendant that plugs into the UltraFLEX test head to operate the manipulator’s lift, swing and rotation functions. This allows the operator to control the manipulator movement through the UltraFLEX when docking with a handler or prober. In addition to the signal wires, the kiosk is also hard wired to the UltrexFLEX’s power distribution unit (PDU) to provide electrical power to operate the manipulator and cooling functions.

The kiosk will be imported into the U.S. as a completed ‘High Level Assembly’ (HLA), based on Teradyne’s design specifications for use with the UltraFLEX semiconductor test system (HTS 9030.82.0000).”

As you further explained in NIS Sheridan’s telephone call to you on December 21, 2006, the test head, which is quite heavy and more than 10 cubic feet in volume, is set up while it is upside down. The manipulator lifts it, flips it, and places it precisely atop the IC handler or IC/wafer prober. This frees up floor space in the testing area as well as ensuring strong contact.

The kiosk never moves nor comes in direct contact with nor performs any type of even preliminary examination upon the ICs or Wafers that are under test. That function is performed by the IC handler or IC/wafer prober.

Note 2-a and Harmonized System General Explanatory Note III to Chapter 90 instructs that parts and accessories of the goods of its Headings are in all cases to be classified in any particular Heading of Chapters 84 or 85 (with two minor exceptions) if they are in themselves articles of that Heading of 84 or 85. Also, Lifting or handling machinery (Headings 84.25 to 84.28) are excluded from Chapter 90 by its Note 1-g. However, following the principles in Court of Appeals for the Federal Circuit 00-1263, 4/19/01, the exclusions do not apply since no one Heading describes all the nonsubordinate functions of the kiosk.

We agree that the applicable subheading for the Manipulator/Cooling Kiosk will be 9030.90.8400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” parts and accessories of the instruments and 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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