The tariff classification of discharge tubes and aperture plates from England

NY G89563 May 10, 2001 CLA-2-71:RR:NC:1:103 G89563 CATEGORY: Classification TARIFF NO.: 7116.20.5000; 7020.00.6000 Mr. Jerry Felsher JF Associates 18 Omni Court New City, NY 10956 RE: The tariff classification of discharge tubes and aperture plates from England Dear Mr. Felsher: In your letter dated April 3, 2001 you requested a tariff classification ruling. The discharge tubes and aperture plates about which you inquired are components of the HD series of RF atom sources. These atom sources are parts of molecular beam epitaxy systems which are used in semiconductor fabrication and research to deposit extremely thin film layers onto a substrate under ultra-high vacuum conditions. The HD series atom sources create an inductively coupled plasma in a discharge zone which acts to dissociate molecular gases. The discharge tube is approximately 1 – 2 inches in length and 1 – 6 inches in diameter, and serves to confine the hot plasma created from such gases as oxygen, hydrogen or nitrogen. The aperture plate, which sits atop the discharge tube, is also 1 – 6 inches in diameter and contains numerous small holes (less than 1/50 of an inch in diameter) so that the plasma may pass from the tube into the vacuum chamber of the MBE unit. Depending on the type of gas being used to form the plasma, discharge tubes and aperture plates may be wholly fabricated of various synthetic materials such as pyrolytic boron nitride, sapphire, fused quartz glass, or alumina. The applicable subheading for discharge tubes and aperture plates made of sapphire will be 7116.20.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of precious or semiprecious stones (natural, synthetic or reconstructed): other: other. The rate of duty will be free. The applicable subheading for discharge tubes and aperture plates made of quartz glass will be 7020.00.6000, HTS, which provides for other articles of glass: other. The rate of duty will be 5 percent ad valorem. Your inquiry does not provide enough information for us to give a classification ruling on discharge tubes and aperture plates made of pyrolytic boron nitride or alumina. Your request for a classification ruling should include a statement as to whether these are ceramics meeting the criteria of being shaped and then fired. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 Alan Horowitz at 212-637-7027. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division