RE: the Tariff Classification of a Starlith Lens Apparatus from Germany & Netherlands

N277250

August 9, 2016

CLA-2-84:OT:RR:NC:N1:104

CATEGORY: Classification

TARIFF NO.: 8486.20.0000

Mr. Edward F. Juliano, Jr. 303 Wyman Street Suite 300 Waltham, MA 02451

RE: The tariff classification of a Starlith Lens Apparatus from Germany & Netherlands

Dear Mr. Julianio:

In your letter dated June 22, 2016, on behalf of your client, ASML US, Inc., you requested a tariff classification ruling.

You are importing a Starlith lens appararatus, model numbers 1700, 1950, 1951 and 1952 used with ASML Twinscan series step-and-scan semiconductor lithography systems. The Starlith lens apparatus are imported as replacements or upgrades that will be installed into an existing ASML scanners in the US. During importation, the Starlith is mounted on a cart with shock absorbers and it is shipped with a container of inert gas which connects to the gas purifier. The Starlith is temporarily connected to the lens purge system during shipment via plastic tubing. The lens purge system contains a gas purifier canister and does not contain any pumps or fans. After importation the gas purifier, gas container, and plastic tubing used during shipment are removed when the Starlith is installed into a scanner at a customer site in the U.S.. They are returned to the Netherlands along with the old lens shipping cart. The new Starlith is connected to the permanent purge system located within the scanner using the manifold, overpressure valve and steel tubing that are permanent parts of the Starlith. There is also a humidity sensor located within the Starlith at the time of importation that is electrically and electronically connected to the scanner.

The Starlith lens are shipped “system ready” for installation into the scanner with electronics, electrical, mechanical, wiring, steel jacket and lens cooler components used to integrate the lens into the lithography system. The steel jacket consists of two large assemblies of sheet metal for which the tubing for the cooling system and purge systems, as well as cables for the electrical and electronic systems are attached. There is also a lens cooler system that is integrated into the finished Starlith before importation to the United States. The purpose of the cooler system is to remove heat once the Starlith is operational. There are two water cooling systems in the completed Starlith. The 2 first cools the entire lens assembly, the second cools specific electrical and electronic units, such as modulators and preamplifiers.

The Starlith is used to project patterns of circuits and components onto semiconductor wafers. The circuits and components are measured in nanometers. The Starlith is manufactured in a “clean room” and is installed into the scanner in a clean room because humidity and particulate contaminants within the Starlith could destroy the semiconductor devices during the manufacturing process. The purge system is necessary to protect the optical components within the Starlith as they are contained within the steel barrel, and are not open to the purified ambient air within the clean room. The inert gas used within the purging system also helps to prevent contamination. The purge system functions when the Starlith apparatus and the lithography scanner are in operation exposing circuit patterns on semiconductor wafers. N2 gas is used to perform this purging which is always required to flow across the Starlith optics whether it is installed, shipped or even stored. If it is not purged then oxygen can contaminate the optics and coatings in the Starlith. The positive pressure from the N2 flow prevents the contaminates to enter into the Starlith.

The applicable subheading for the Starlith Lens Apparatus will be 8486.20.0000, Harmonized Tariff Schedule of the United States (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 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 https://hts.usitc.gov/current.

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 [email protected].

Sincerely,

Steven A. Mack Director National Commodity Specialist Division