HQ 961003

June 10, 1998

CLA-2 RR:CR:GC 961003 DWS

CATEGORY: Classification

TARIFF NO.: 9031.80.80

Port Director of Customs

610 S. Canal Street

Chicago, IL 60607-4523

RE: Protest 3901-97-101872; Dynamic Test Handlers

Dear Port Director:

The following is our decision regarding Protest 3901-97-101872
concerning your action in classifying and assessing duty

on dynamic test handlers under the Harmonized Tariff Schedule of

the United States (HTSUS).

After a meeting at Customs Headquarters with members of my

staff on January 20, 1998, counsel for the protestant submitted a

supplemental letter dated February 23, 1998, with additional

information and arguments concerning the classification of the

merchandise.

FACTS:

The merchandise consists of dynamic test handlers (handlers)

(Model no. M6741A), each of which is a mechanical apparatus

designed specifically to deliver and retrieve integrated circuits

(ICs) to and from the test socket of an automatic integrated

circuit test system (tester), which is designed to test the ICs.

The handler is a complex system of mechanical and electronic

components which, when properly integrated with a test system,

enables the tester to achieve maximum productivity. The tester

is incapable of transporting or sorting semiconductor devices,

nor is the tester capable of altering the test environment. As

initially designed, the tester requires hand placement of

individual ICs at the test socket, a time-consuming and expensive

method of device testing. Decreasing the time required to

deliver ICs to and retrieve ICs from the tester

is the most efficient way of achieving both reduced test time and

test cost. Rapid transport of ICs is accomplished most

efficiently by the addition of the handler to the tester

configuration.

Each handler performs multiple functions. The handler first

transfers ICs to be tested from the customer\'s tray to its own.

This is the first opportunity for the handler to reject

nonconforming ICs; ICs which do not meet specifications for shape

and size are rejected at any stage in the process, and the

handler generates a message enabling the operator to remove the

IC. Elevators within the handler stack the IC trays.

The trays are then moved into a chamber within the handler,

where the ICs are heated or cooled to a specified temperature.

At this point, the handler can again reject ICs if the connection

between the pin and the semiconductor materials is faulty. The

handler then connects the ICs to be tested to the test socket.

The test socket is part of the test head which is clamped onto

the side of the handler, and the test sockets protrude into the

handler itself. At this stage, it is the function of the handler

to continue to maintain the test temperature, to apply the

appropriate pressure to ensure the tray is situated properly in

the test socket. The handler must also ensure that the

connection is reliably positioned for stable testing. These

functions help to eliminate stress on the ICs under test.

The handler communicates via electric signal with the tester

when the ICs have been properly positioned. The handler advises

the tester via electric signal where the ICs are, when the ICs

are ready to be tested, and what test temperature will be

maintained by the handler throughout the test. Once the tester

has received the requisite confirmation from the handler that the

ICs are ready for testing, the tester proceeds to test the

devices. This is accomplished by sending signals from a separate

stand-alone unit, through a sheaf of cables to the test head.

The tester generates stimuli and measures feedback to determine

whether the ICs under test can perform the functions for which

they were designed. Following this test phase, the tester

signals the handler. The handler then transports the tray to a

separate soak chamber, designed to ensure that the devices do not

sweat or otherwise become damaged

Once the tester has tested the ICs, it advises the handler

where the ICs should be categorized in sorting. As testing of

multiple ICs can be accomplished simultaneously, the tester can

communicate multiple messages simultaneously, one for each IC

under test. Responding to the messages from the tester, the

handler sorts each IC, based upon performance, into one of

several bins. The handler then loads successfully tested ICs

into the customer\'s trays.

To perform the operations described, each handler utilizes

sensors, amplifiers, and hydraulic equipment. During the entire

process, the ICs under test do not physically leave the handler,

and, at the end of the process, the handler can determine whether

the ICs have been properly categorized.

The merchandise was entered on March 28, 1997, under

subheading 9030.82.00, HTSUS, as other apparatus for measuring or

checking semiconductor wafers or devices. The entries were

liquidated on July 11, 1997, under subheading 9030.90.84, HTSUS,

as accessories of apparatus of subheading 9030.82, HTSUS. The

protest was timely filed on July 21, 1997.

ISSUE:

Whether the handlers are classifiable under subheading

9030.82.00, HTSUS, as other apparatus for measuring or checking

semiconductor wafers or devices, under subheading 9030.90.84,

HTSUS, as accessories of apparatus of subheading 9030.82, HTSUS,

under subheading 9031.41.00, HTSUS, as other optical checking

instruments for inspecting semiconductor devices not specified

elsewhere in chapter 90, HTSUS, or under subheading 9031.80.80,

as other checking instruments not specified elsewhere in chapter

90, HTSUS.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in

accordance with the General Rules of Interpretation (GRI\'s). GRI

1 provides that classification is determined according to the

terms of the headings and any relative section or chapter notes.

The 1997 HTSUS provisions under consideration are as

follows:

9030 Oscilloscopes, spectrum analyzers and other instruments and

and apparatus for measuring or checking electrical

quantities,

excluding meters of heading 9028; instruments and apparatus

for measuring or detecting alpha, beta, gamma, X-ray, cosmic

or

other ionizing radiations; parts and accessories thereof:

Other instruments and apparatus:

9030.82.00 For measuring or checking semiconductor wafers

or devices.

9030.90 Parts and accessories:

Other:

9030.90.84 Of instruments and apparatus of subheading

9030.82.

\* \* \* \* \* \* \* \* \*

9031 Measuring or checking instruments, appliances and machines,

not specified or included elsewhere in this chapter; profile

projectors;

parts and accessories thereof:

Other optical instruments and appliances:

9031.41.00 For inspecting semiconductor wafers or devices

or

for inspecting photomasks or reticles used in

manufacturing semiconductor devices.

9031.80 Other instruments, appliances and machines:

9031.80.80 Other.

\* \* \* \* \* \* \* \* \*

In PD A81426, dated April 3, 1996, Customs held several

models of dynamic test handlers (Model nos. M3741, M3821A/3841A,

M4132A/4133A, M4152A, M4162A, M4622A, M6441A, M6841A,

M6841D/6862D, and M6861A) to be classifiable under subheading

9030.90.85, HTSUS (the 1996 precursor to 1997 subheading

9030.90.84, HTSUS). Because the subject handler (Model no.

M6741A) was not dealt with in that ruling, we will not reconsider

PD A81426 at this time.

Section XVI, note 4, HTSUS, states that:

\[w\]here a machine (including a combination of machines) consists of

individual components (whether separate or interconnected by piping, by

transmission devices, by electric cables or by other devices) intended
to

contribute together to a clearly defined function covered by one of the
headings in chapter 84 or chapter 85, then the whole falls to be

classified in the heading appropriate to that function.

Chapter 90, note 3, HTSUS, states that:

\[t\]he provisions of note 4 to section XVI apply also to this chapter.

Counsel cites HQ 952297, dated July 30, 1993, and HQ 955151,

dated January 5, 1994, in arguing that each handler is a part of

a tester system, the components of which constitute a functional

unit as defined in section XVI, note 4, HTSUS, and applied to the

provisions of chapter 90, HTSUS, through chapter 90, note 3,

HTSUS. Therefore, it is claimed that each handler, imported into

the U.S. separately, constitutes an unfinished functional unit

classifiable under subheading 9030.82.00, HTSUS. However, in

both HQs 952297 and 955151, the merchandise involved consisted of

complete systems which met the definition of a functional unit.

In the instant case, the handler, imported without the remainder

of the tester system, at best constitutes an

unfinished functional unit. Because unfinished functional units

are not recognized by any Legal or Harmonized Commodity

Description and Coding System Explanatory Notes, their components

must be classified in the separate headings describing them. See

HQ 087077, dated March 27, 1991.

Therefore, because the handlers do not meet the definition

of a functional unit, they must be classifiable in the HTSUS

provision which describes them. In HQ 952297, dated July 30,

1993, we stated that:

\[t\]he term \"checking\" is not defined in the HTSUS. A tariff term
that

is not defined in the HTSUS or in the Harmonized Commodity Description
and

Coding System Explanatory Notes (EN) is construed in accordance with its

common and commercial meaning. Nippon Kogasku (USA) Inc. v. United
States,

69 CCPA 89, 673 F.2d 380 (1982). Common and commercial meaning may be
determined by consulting dictionaries, lexicons, scientific authorities
and

other reliable sources. C.J. Tower & Sons v. United States, 69 CCPA 128,

673 F.2d 1268 (1982).

In United States v. Corning Glass Works, 66 CCPA 25,27, 586 F.2d 822,

825 (1978), the Court of Customs and Patent Appeals, quoting Webster\'s

Third New International Dictionary, 381 (1971), stated:

\"Check\" is defined as \"to inspect and ascertain the condition of

especially in order to determine that the condition is satisfactory;
\*\*\*

investigate and insure accuracy, authenticity, reliability, safety, or

satisfactory performance of \*\*\*; to investigate and make sure about
conditions

or circumstances \*\*\*.\"

We agree with the protestant that each handler performs a

checking function, in that it inspects and ascertains the

condition of the ICs throughout the testing process. An example

of the checking function is the handler\'s ability to reject

nonconforming ICs. Counsel states that ICs which do not meet

specifications for shape and size are rejected by the handler at

any stage in the process, and the handler generates a message

enabling the operator to remove the IC.

However, counsel claims that the handlers check the ICs for

electrical quantities. We disagree. It is our understanding

that each handler checks the ICs for physical properties such as

size and shape specifications. Although there is little

information concerning the term \"electrical quantities\" in the

HTSUS, it is our position that, based upon the information

submitted by counsel for the protestant, the handlers do not

qualify as an instrument for checking electrical quantities.

Consequently, as the handlers do not meet the terms of heading

9030, HTSUS, they are precluded from classification under

subheading 9030.82.00, HTSUS. See HQ 960051, dated December 22,

1997\.

We will now determine whether the handlers are properly

classifiable under subheading 9030.90.84, HTSUS, as accessories

of the instruments of heading 9030, HTSUS. In HQ 952942, dated

April 27, 1993, we stated that:

\[a\] part of an article, for tariff purposes, is a thing necessary to
the

completion of that article. It is an integral, constituent or

component part, without which the article to which it is joined could
not function as such article. An accessory, on the other hand, is
something

that is not essential in itself but adds to the effectiveness of

something else. In each case, the nature, function, and purpose of an

article must be examined in relation to the article to which it is
attached or

which it is designed to serve.

It is our position that the handlers, although adding to the

effectiveness of the testers by creating an optimal test

environment, are not accessories, as they are free-standing and

independent units capable of performing a checking function

without the aid of another machine. Therefore, the handlers are

precluded from classification under subheading 9030.90.84, HTSUS.

Chapter 90, additional U.S. note 3, HTSUS, states that:

\[f\]or the purposes of this chapter, the terms \"optical appliances\"
and

\"optical instruments\" refer only to those appliances and instruments
which

incorporate one or more optical elements, but do not include any

appliances or instruments in which the incorporated optical element or

elements are solely for viewing a scale or for some other subsidiary

purpose.

It is now our understanding from counsel that, although the

subject handlers perform the described checking function, they do

not possess the necessary optical elements allowing for

classification under subheading 9031.41.00, HTSUS. Therefore,

based upon the information presented to us by counsel, the

handlers are precluded from classification therein.

Consequently, we find that, as the handlers, which perform a

checking function, are not more specifically described

elsewhere, they are classifiable under subheading 9031.80.80,

HTSUS.

HOLDING:

The dynamic test handlers are classifiable under subheading

9031.80.80, HTSUS, as other checking instruments for not

specified elsewhere in chapter 90, HTSUS.

As the rate of duty under the classification indicated above

is more than the liquidated rate, you should DENY the protest in

full. In accordance with Section 3A(11)(b) of Customs Directive

099 3550-065, dated August 4, 1993, Subject: Revised Protest

Directive, this decision, together with the Customs Form 19,

should be mailed by your office to the protestant no later than

60 days from the date of this letter. Any reliquidation of the

entry in accordance with the decision must be accomplished prior

to mailing of this decision. Sixty days from the date of the

decision the Office of

Regulations and Rulings will take steps to make the decision

available to Customs personnel via the Customs Rulings Module in

ACS and the public via the Diskette Subscription Service, Freedom

of Information Act, and other public access channels.

Sincerely,

John Durant, Director

Commercial Rulings Division