HQ 959157: Protest 1001-95-109483; KLA 1011 ACE Wafer Prober; KLA 1007 HF Wafer Prober

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 959157

                           May 21, 1996
                                                               


CLA-2 RR:TC:MM  959157 LTO

CATEGORY:  Classification

TARIFF NO.:  9030.89.00

Port Director
U.S. Customs Service
c/o Chief, Residual Liquidation and Protest Branch
6 World Trade Center
Room 761
New York, New York 10048-0945

RE:  Protest 1001-95-109483; KLA 1011 ACE Wafer Prober; KLA 1007      HF Wafer Prober

Dear Port Director:

     The following is our decision regarding Protest 1001-95-109483, which concerns the classification of the KLA 1011 ACE
Wafer Prober and KLA 1007 HF Wafer Prober under the Harmonized
Tariff Schedule of the United States (HTSUS).  The subject
merchandise was entered on May 27, 1994, the entry was liquidated
by operation of law, on May 19, 1995, and then, reliquidated, on
August 11, 1995.  The protest was timely filed on November 2,
1995.

     The wafer probers were entered under subheading 9030.89.00,
HTSUS (1994), which provides for other instruments and apparatus
for measuring or checking electrical quantities.  They were
classified upon liquidation under subheading 9031.40.80, HTSUS
(1994), which provides for other optical measuring or checking
instruments, appliances and machines, not specified or included
elsewhere in chapter 90.

     After review of the file, and conversations with National
Import Specialist Eric Francke, we are in agreement that the
wafer probers are properly classifiable under subheading                               - 2 -

9030.89.00, HTSUS.  See HQ 950947, dated February 25, 1992
(concerning the classification of a system that used optical
elements to set the location of the device's measuring slide). 
Thus, the protest should be granted.

     If you have any further questions, please contact Larry
Ordet, of my staff, at (202) 482-7028.

                         Sincerely,




                         John Durant, Director
                         Tariff Classification Appeals Division