HQ 087455: KLA Wafer Defect Review Station; Stereoscopic Optical Microscope; Robot Arm; Color RGB Camera; Color Monitor; Data Processing Machine; Software

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 087455

                         October 2, 1990

CLA-2  CO:R:C:G  087455  CMS

CATEGORY: Classification

TARIFF NO.: 9031.40.00
            9011.10.80

Mr. Jay C. Clemens, Esq.
Baker & McKenzie
Two Embarcadero Center
Twenty-Fourth Floor
San Francisco, CA  94111-3909

RE: KLA Wafer Defect Review Station; Stereoscopic Optical
    Microscope; Robot Arm; Color RGB Camera; Color Monitor;
    Data Processing Machine; Software

Dear Mr. Clemens,

     Your request on behalf of KLA Instruments Corporation dated
March 15, 1990, and supplemented on May 15, 1990, for a
classification ruling on the KLA Wafer Defect Review Station has
been referred by the Regional Commissioner of Customs, New York
to Customs Headquarters for a reply.  Our ruling follows.

FACTS:

     The merchandise consists of the KLA-2600 and 2606 Wafer
Defect Review Stations.  The merchandise is described in the
submissions dated March 15, 1990 and May 15, 1990, and the
preliminary product specification sheets.

     The March 15, 1990 submission states that the Defect Review
Station is used to examine, inspect and classify wafer defects
that have been identified by a "Wafer Inspector".  The Wafer
Inspector is a separate apparatus not under consideration in this
ruling.  It is stated that the principal components of the Review
Station are a computer, robotic wafer handling arm, X-Y stage and
a stereoscopic microscope.  Using computer data received from the
Wafer Inspector, the robotic arm and X-Y stage position the
wafer for viewing under the microscope.

     The May 15, 1990 submission states that the Review Station
also includes a color RGB camera, color monitor and software.  It
is stated that the camera and monitor can be used to produce
                               -2-

images of wafer defects.  Wafer defect data that the Review
Station receives from the Wafer Inspector is also displayed on
the Review Station's color monitor.  The KLA-2606 Review Station
differs from the 2600 Station in that its components are
incorporated in a single housing and it has a more sophisticated
wafer positioning capability.

     The product specifications additionally provide that the
software of the KLA-2600 Review Station allows the Station to
operate in review and inspect modes.  In the review mode the
Station automatically displays defect information for the current
defect under review.  Displayed defect records include data such
as wafer, test, x-die and y-die, x-location and y-location, x-
size and y-size, percent defective, layer, step and
classification.  The operator can input additional defect
information.  In inspect mode the operator can add additional
defect records and add data regarding defects located in wafer
areas which were not inspected by the Wafer Inspector.  Records
containing additional inspection information can be transmitted
to the KLA-2510 "Analysis Station", a separate apparatus not
under consideration in this ruling.  Although the product
specifications for the KLA-2606 Review Station do not
specifically state that the Station operates in inspect mode, it
is assumed that it does because this was not cited as a
difference between the 2600 and 2606 stations in the May 15
submission.

ISSUE:

     Is the merchandise classified as a compound microscope in
Heading 9011, or as a measuring or checking instrument, appliance
or machine in Heading 9031?

LAW AND ANALYSIS:

     The importer submits that the merchandise is classified as
an optical microscope in Heading 9011.  It is argued that the
computer controls the positioning of the wafer for inspection, a
function that is performed whenever a microscope is used.  It is
also argued that the color camera and color monitor are
subsidiary to the microscope.

     The Explanatory Notes to Heading 9011, p. 1476 provide that
Heading 9011 covers special purpose microscopes including those
used for measuring or checking operations in certain
manufacturing processes.  The Explanatory Notes at pp. 1476-1477
also provide that the types of attachments for Heading 9011
microscopes include specimen stages, stands with various
adjusting accessories, and specimen-guides.

                               -3-

     Although the stereoscopic microscope and its positioning
attachments might separately fall in Heading 9011, the Review
Station as a whole is not described as a Heading 9011 microscope.
In addition to controlling the robotic positioning arm, the
Review Station's computer receives data transmitted from the
Wafer Inspector, facilitates the input of additional data and
allows the data regarding the inspected defects to be sent to the
Analysis Station.  The Review Station's color camera and color
monitor provide an additional means of viewing images of wafer
defects.  The color monitor also displays the defect data
received from the Wafer Inspector.  This data is collected by the
Wafer Inspector and received by the Review Station prior to the
time the microscope is used.  The color camera, color monitor and
computer (except possibly the robot arm controlling functions)
do not perform functions of stereoscopic microscopes and are not
similar to the components or attachments illustrated in the
Explanatory Notes to Heading 9011.

     The Review Station is a combination of components which
utilizes the features of a computer, color camera, color monitor
and microscope.  The components are designed to be used together
to effectively perform the intended function of the Station.  The
color camera, color monitor and computer are not subordinate to
the microscope.  The Review Station as a whole is not described
as a Heading 9011 microscope and is not classified in Heading
9011.

     The KLA-2600 and 2606 Review Stations function as checking
or measuring instruments, appliances or machines.  The Stations
are used to check the wafers for defects in areas which were not
inspected by the Wafer Inspectors.  When inspecting previously
located defects the Review Stations work in conjunction with the
Wafer Inspectors in a checking process.  In this process the
Review Stations are used to closely inspect and check the
features of the wafer defects so they can be properly identified
and classified.

     The Court in United States v. Corning Glass Works, 66 CCPA
25, 27, 586 F. 2d 822, 825 (1978), quoting Webster's Third New
International Dictionary, 381 (1971) stated:


     "Check" is defined as "to inspect and ascertain the
     condition of esp. to determine that the condition is
     satisfactory: * * * investigate and ensure accuracy,
     authenticity, reliability, safety or satisfactory
     performance of * * * : to investigate and make sure
     about conditions or circumstances * * *."

                               -4-

     In areas of the wafers which were not inspected by the Wafer
Inspectors, the Review Stations are used to inspect and
ascertain their condition in order to determine whether their
condition relating to defects is satisfactory.  When inspecting
defects already located by the Wafer Inspectors, the Review
Stations investigate the nature of the defects and make sure the
defects are properly classified according to the classification
criteria used by the Station operator.

     The Review Stations are optical measuring or checking
instruments, appliances or machines, not specified elsewhere and
are classified in 9031.40.00, HTSUSA.  Pursuant to Chapter 85
Note 6, any of the Review Station's software in the form of
magnetic "floppy" discs is classified in 8524.90.40, HTSUSA.

HOLDING:

     The KLA-2600 and 2606 Review Stations are classified as
optical measuring or checking instruments, appliances or
machines, not specified elsewhere, in 9031.40.00, HTSUSA.  Any of
the Review Station's software in the form of magnetic "floppy"
discs is classified in 8524.90.40, HTSUSA.


                                   Sincerely,






                                   John Durant, Director
                                   Commercial Rulings Division