2

NY R01690

April 18, 2005

CLA-2-90:RR:NC:N1:105 R01690

CATEGORY: Classification

TARIFF NO.: 9025.19.4000

Mr. George R. Tuttle, III

George R. Tuttle Law Offices

Three Embarcadero Center

Suite 1160

San Francisco, CA 94111

RE: The tariff classification of Sekidenko OR1000F and OR2000F Optical Fiber Thermometers (OFTs) from China

Dear Mr. Tuttle:

In your letter dated March 23, 2005, for Advanced Energy Industries, you requested a tariff classification ruling. No sample was submitted.

You state: “We request the tariff classification of the Sekidenko OR1000F and OR2000F Optical Fiber Thermometers (OFTs) for non-contact temperature measurement. Each unit consists of a controller, fiber optic cable, and sensor. There are two types of sensors available. A lens-based pyrometer and light pipe.”

You further state: “We believe that the Sekidenko OR1000F and OR2000F are classified under HTS 9025.19.8080, as non-liquid filled thermometers when imported without the pyrometer sensor and 9025.19.4000 when imported with the pyrometer sensor.”

Per the literature you supplied, “Installed behind a wafer or substrate surface, the sensor detects emitted near-infrared (NIR) light—without removing or contacting the wafer. Cables transmit the NIR light to the controller, where signal processing converts the current to temperature.”

“The OFTs are expertly engineered for precision and repeatability within the semiconductor process window. The stable design incorporates high-speed read rates that enable you to monitor and track rapid temperature changes with extreme accuracy. The Sekidenko OR1000F OFT is available in single-and dual-channel configurations, while the OR2000F OFT has configuration of one to four channels. Each channel is independently configurable for a particular temperature range and sensor type.”

The literature indicates that the lens version sensors are used outside the chamber, using the light emitted through a viewport, while the light pipe sensors have their sensing end physically in the chamber with the wafer, etc, whose temperature is being measured. Neither changes the NIR light into an electrical analog. That is done by the “controller,” which then measures and analyzes the electrical analog to produce a temperature reading. A midrange specification for its temperature reading is an accuracy of .18 F° when the sensor transmission band is centered at 950 nanometers wavelength and the object’s temperature is at least 698 F°, but below 2552 F°.

While your literature refers to “a lens-mounted pyrometer” and does not specifically refer to “pyrometer” regarding the light pipe, we consider both versions to be pyrometers since they are intended only to measure the temperature of very hot objects.

Objects which are not very hot do not emit enough NIR to be readily measured with high accuracy by an optical system. On the other hand, optical systems can be used to measure temperatures of objects which are hot enough to melt or crack most contact thermometers.

Also, all the references to optical temperature measurement in Harmonized System Explanatory Note B to 9025 concerns apparatus described as “pyrometers.”

The applicable subheading for both the light-pipe and lens-based versions of the OR1000F and OR2000F will be 9025.19.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Pyrometers. The rate of duty will be 1.4 percent ad valorem.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division