HQ 084646: Laser inspection device; optical measuring or checking instrument

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 084646

                                   September 13, 1989

             CLA-2 CO:R:CV:G:  084646 JLV

             CATEGORY:  Classification

             TARIFF NO.:  9031.40.0000

             Raymond F. Sullivan, Jr., Esq.
             Soller, Singer & Horn
             1155 Fifteenth Street, N.W., Suite 314
             Washington, D.C. 20005

             RE:  Laser inspection device; optical measuring or checking
                  instrument

             Dear Mr. Sullivan:

                  In a letter of May 15, 1989, on behalf of your client,
             Nikon Precision Inc., you request reconsideration of a ruling
             dated March 16, 1989 (file 837738), in which your client's
             product, the Nikon Lampas-HD was classified as an optical
             measuring or checking instrument in subheading 9031.40.0000,
             Harmonized Tariff Schedule of the United States Annotated
             (HTSUSA).  We affirm the classification.

             FACTS:

                  The description of the article is not in dispute, nor are
             the facts as to how it functions.  The Nikon Lampas-HD (laser
             micro-pattern analyzer system) is used to measure line width
             dimensions and layer to layer registration on semiconductor
             wafers, photomasks, and reticles.  The instrument has a laser
             pattern edge detection system which uses an ultraviolet
             helium-cadmium laser beam and a high-resolution laser
             interferometer.

                  In operation, the laser spot scans a circuit pattern and
             the scanned distance is monitored by an interferometer.  When
             the laser hits the edge of a circuit pattern, it is scattered
             and reflected.  The detectors in the system detect the
             scattered and reflected laser spot, and a personal computer
             (incorporated into the system) notes the laser interferometer














                                          - 2 -

             count at that point.  This is repeated until all pattern edges
             are measured.  The operator may observe the operation of the
             instrument using an auxiliary television system.

                  In a ruling issued March 16, 1989 (file 837738), Customs
             held that the Lampas HD system was an optical measuring or
             checking instrument.  You believe that the system is not
             "optical" because 1) the measurement is performed
             electronically, 2) the optical elements in the system are used
             for a subsidiary purpose, and 3) the criteria used under the
             former tariff schedules remain applicable by virtue of the
             additional U.S. legal note 3, chapter 90, HTSUSA.

             ISSUE:

                  What constitutes an "optical" measuring or checking
             instrument for purposes of classification in subheading
             9031.40, HTSUSA?

             LAW AND ANALYSIS:

                  The Customs Service has issued two recent rulings on the
             classification of similar types of measuring or checking
             systems.  In a ruling of April 21, 1989 (file 080294), we
             considered an HDD optical disk flaw inspection system which
             contained lenses and mirrors for detection of flaws exposed by
             a light source directed onto the article to be inspected.  The
             scanning process resulted in a printed read-out, a printed
             colored flaw map, or a display on a color monitor.  The
             optical elements were necessary to the function of the system.
             We held that the system was classified as an optical measuring
             or checking instrument in subheading 9031.40.0000, HTSUSA.  A
             similar system, described as a PKD surface flaw inspection
             system, was also classified as an optical measuring or
             checking instrument in a ruling of April 21, 1989 (file
             079830).

                  The optical elements incorporated into the system in
             issue are essential to its operation.  Furthermore, laser rays
             are routed through the optical elements.  The relationship of
             these optical elements to the instrument are not subsidiary to
             the function of the instrument.  Additional U.S. note 3,
             chapter 90, is noted and we determine that it does not
             preclude classification of the instrument as an optical
             instrument.

















                                          - 3 -

                  Finally, we affirm our position in the ruling of April
             21, 1989 (file 080294), that an instrument is an optical
             instrument for classification purposes if the optics are
             required to process, as is done in this case, the information
             in order to present it in usable form.  This constitutes an
             aid or an enhancement of human vision.

             HOLDING:

                  The Nikon Lampas HD is properly classified as an optical
             measuring or checking instrument in subheading 9031.40.0000,
             HTSUSA.  Our ruling of March 16, 1989 (file 837738), is
             affirmed.

                                          Sincerely,




                                          John Durant, Director
                                          Commercial Rulings Division















































































             6cc:  AD NY Seaport
             2cc:  Chief, CIE
             1cc:  NIS Barbara Kiefer
             1cc:  AC, CO
             1cc:  Director, Trade Ops
             1cc:  Director, CommRulDiv
             1cc:  Reading File

             LIBRARY:  valentin
             FILE NAME: 084646