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N250406: The tariff classification of vacuum pumps from France and the United States
Ruling Date: Mar 14, 2014
N250406
March 14, 2014
CLA-2-84:OT:RR:NC:1:104
CATEGORY: Classification
TARIFF NO.: 8486.20.0000
Mr. Glenn L. Overstreet
KSI Corporation
839 Mitten Road
Burlingame, CA 94110
RE: The tariff classification of vacuum pumps from France and the United States
Dear Mr. Overstreet:
In your letter dated February 13, 2014 on behalf of Applied Materials, Inc., you requested a tariff classification ruling.
Part Number 0190-25181/IPUP (Integrated Point of Use Pump) vacuum pump is a multi-stage dry vacuum pump with roots technology. It consists of the following components all fully integrated in an enclosed wheeled frame: (1) a multi-stage vacuum pump with electric motor, (2) a water cooling circuit with temperature sensors, (3) an intelligent pump monitoring system, which ensures pump automatic operation, controls sensors and provides interfacing with the process tool, (4) an exhaust anti-suckback valve, (5) a front control panel providing a mains power switch and system status indicator lights and (6) a rear facilities panel providing connections for vacuum inlet piping, exhaust piping, cooling water hoses and electrical interfaces. Part Number 0190-25181 is designed for positioning on the fab floor in the area of the process tool, either singularly or stacked two high, and connects to the vacuum chamber and exhaust circuit by metal piping.
Part Number 0190-31263 is a Turbo Pump. It is a 5 axes water and air cooled pump using a magnetically levitated rotor for generating ultra-high vacuum pressures, and includes integrated drive electronics. Part Number 0190-33467 is a Fast Regen 300MM Cryo Pump with Chevron Array. Part Number 0190-31263 and Part Number 0190-33467 are designed for mounting directly to the vacuum chamber.
In your submission, you cite NY ruling number N056215 dated April 22, 2009 in which cryogenic pumps were ruled to be classified in subheading 8414.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vacuum pumps. You state that the Fast Regen 300MM Cryo Pump “is similar in form and function to the cryo pumps considered in ruling NY N056219 from 2009”. However, as you point out, the ruling does not include any reference to semiconductor manufacturing nor is there any indication that heading 8486, HTSUS, was considered at time of issuance. Thus, it is this office’s opinion that NY N056215 is inconclusive when addressing heading 8486, HTSUS, as it applies to the Cryo Pump presently under consideration.
All three models are capable of generating sub-atmospheric vacuum pressures within the vacuum chambers in semiconductor manufacturing process tools. You state that they are specially designed and solely used in semiconductor wafer manufacturing and are certified to semiconductor industry standards. Part Numbers 0190-25181 and 0190-31263 are manufactured in France. Part Number 0190-33467 is manufactured in the United States.
The applicable subheading for the vacuum pumps, Part Numbers 0190-25181, 0190-31263 and 0190-33467, will be 8486.20.0000, HTSUS, which provides for “Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays; machines and apparatus specified in Note 9 (C) to this chapter; parts and accessories: Machines and apparatus for the manufacture of semiconductor devices or of electronic integrated circuits”. The general 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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division
March 14, 2014
CLA-2-84:OT:RR:NC:1:104
CATEGORY: Classification
TARIFF NO.: 8486.20.0000
Mr. Glenn L. Overstreet
KSI Corporation
839 Mitten Road
Burlingame, CA 94110
RE: The tariff classification of vacuum pumps from France and the United States
Dear Mr. Overstreet:
In your letter dated February 13, 2014 on behalf of Applied Materials, Inc., you requested a tariff classification ruling.
Part Number 0190-25181/IPUP (Integrated Point of Use Pump) vacuum pump is a multi-stage dry vacuum pump with roots technology. It consists of the following components all fully integrated in an enclosed wheeled frame: (1) a multi-stage vacuum pump with electric motor, (2) a water cooling circuit with temperature sensors, (3) an intelligent pump monitoring system, which ensures pump automatic operation, controls sensors and provides interfacing with the process tool, (4) an exhaust anti-suckback valve, (5) a front control panel providing a mains power switch and system status indicator lights and (6) a rear facilities panel providing connections for vacuum inlet piping, exhaust piping, cooling water hoses and electrical interfaces. Part Number 0190-25181 is designed for positioning on the fab floor in the area of the process tool, either singularly or stacked two high, and connects to the vacuum chamber and exhaust circuit by metal piping.
Part Number 0190-31263 is a Turbo Pump. It is a 5 axes water and air cooled pump using a magnetically levitated rotor for generating ultra-high vacuum pressures, and includes integrated drive electronics. Part Number 0190-33467 is a Fast Regen 300MM Cryo Pump with Chevron Array. Part Number 0190-31263 and Part Number 0190-33467 are designed for mounting directly to the vacuum chamber.
In your submission, you cite NY ruling number N056215 dated April 22, 2009 in which cryogenic pumps were ruled to be classified in subheading 8414.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vacuum pumps. You state that the Fast Regen 300MM Cryo Pump “is similar in form and function to the cryo pumps considered in ruling NY N056219 from 2009”. However, as you point out, the ruling does not include any reference to semiconductor manufacturing nor is there any indication that heading 8486, HTSUS, was considered at time of issuance. Thus, it is this office’s opinion that NY N056215 is inconclusive when addressing heading 8486, HTSUS, as it applies to the Cryo Pump presently under consideration.
All three models are capable of generating sub-atmospheric vacuum pressures within the vacuum chambers in semiconductor manufacturing process tools. You state that they are specially designed and solely used in semiconductor wafer manufacturing and are certified to semiconductor industry standards. Part Numbers 0190-25181 and 0190-31263 are manufactured in France. Part Number 0190-33467 is manufactured in the United States.
The applicable subheading for the vacuum pumps, Part Numbers 0190-25181, 0190-31263 and 0190-33467, will be 8486.20.0000, HTSUS, which provides for “Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays; machines and apparatus specified in Note 9 (C) to this chapter; parts and accessories: Machines and apparatus for the manufacture of semiconductor devices or of electronic integrated circuits”. The general 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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division