HQ 087394: Glass Rods Or Tubes, Unworked; Laboratory Or Pharmaceutical

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 087394
 
                           March 11, 1991
 
 
 CLA-2 CO:R:C:M 087394 CMS
 
 CATEGORY: Classification
 
 TARIFF NO.: 7002.20.10, 7002.20.50 
           7002.31.00, 7014.00.10 
           7014.00.20, 7017.10.00 
           7020.00.00
 
 
 District Director of Customs
 1 East Bay Street
 Savannah, GA 31401
 
RE: Glass Rods Or Tubes, Unworked; Laboratory Or Pharmaceutical
     Glassware; Other Articles Of Glass; Optical Elements Of 
    Glass; Lenses; Prisms; Windows; Blanks; Modification Of 
    HQ Ruling 554510 (February 14, 1989)
 
 Dear Sir:
 
     This is in response to your Request for Internal Advice No.
 23/90 (CLA-1:SV:C:I:2:CAW), dated March 20, 1990, regarding the
 classification of certain articles of glass.
 
 FACTS:
 
     The merchandise consists of various articles of glass which 
 are described by the importer as Rotosil, HQG, HSQ, BQ-B, 
 Suprasil, Infrasil, Herasil, Homosil, Heralux, HLX-WG-LS, WG-HIP,
 and M235. Many of the forms and uses of the articles were 
 described by the importer at the September 12, 1990 meeting, and 
 in the September 25, 1990 submission. The descriptions were
 supplemented in the January 24, 1991 facsimile transmission.
 
     Rotosil is opaque fused silica produced by centrifugally
 casting and arc fusing pure silica sand. The opaque fused silica 
 is non-transparent and white in appearance due to the great 
 number of very fine bubbles within the product. The material is
 capable of withstanding higher temperatures and a more corrosive
 environment than most metals, and does not contribute 
 contaminants due to its purity. Rotosil products are entered in 
 the form of bell jars and tubes which have a smooth, glazed 
 inside surface and a coarse outer surface. It is also entered 
 in the form of smooth surfaced rods. Rotosil products are
 
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                                  essentially finished products. They undergo some fabrication 
 such as the drilling of holes or addition of flanges for use as
 chemical reactor vessels, tubes for chemical piping systems, and
 rods used for removing semiconductor "boats" from reactor 
 vessels.
 
     HQG is fused from pure quartz crystal. The product is 
 primarily entered in the form of tubes several meters in length 
 and 1" to 3" in wall thickness. HQG has no open bubbles on its
 outer surface giving it an appearance which is clearer than that 
 of Rotosil. The product is pulled or otherwise manufactured into
 various tube sizes for fabrication into semiconductor wafer
 carriers and other fixtures used in the manufacture of
 semiconductor chips.
 
     HSQ is electrically fused from pure quartz crystal. The 
 product is entered in the form of large diameter tubes usually
 several meters in length and up to 3" in wall thickness, small
 diameter tubes up to 4.4mm in wall thickness, and in rod form. 
 HSQ has no open bubbles on its outer surface.  The large 
 diameter tube form is drawn into smaller sizes and fabricated 
 into furnace tubes which are used as furnace inserts in the
 manufacture of integrated circuits. The small diameter tube form 
 is processed into furnace tubes. The rod form is further 
 processed and is fabricated for use as parts of semiconductor 
 wafer carriers and other furnace fixtures.
 
     BQ-B is fused from pure quartz crystal.    The product is
 primarily entered in ingot and rod forms of various diameters. 
 The ingot form is drawn and fabricated into fixtures required in
 the manufacture of semiconductor chips, or crude windows. The 
 rod form is drawn and fabricated into the solid components of
 semiconductor wafer carriers and other furnace fixtures.
 
     In HQG, HSQ and BQ-B, light transmission is hampered by a 
 large bubble content, and by water and other impurities 
 contained in the material which absorb light. Further, small 
 scale refractive index variations created in the production 
 process cause light passing through the material to become
 significantly distorted.
 
     Suprasil is a fused silica product produced by various 
 chemical methods and then heat formed. Suprasil is purer than 
 HQG, HSQ and BQ-B, and has a lower bubble content. The product 
 is entered in the form of rods, ingots, discs, plates, prism
 blanks, cubes, rectangles and hollow cylinders. The rods are
 principally cut into window blanks. The ingots are principally 
 cut into window, lens and prism blanks. The discs, plates, cubes
 and rectangles are lens and window blanks. The hollow cylinders 
 are 80 to 200mm in outside diameter, 10 to 60mm in wall thickness
 
                                -3-
                                 
                                  and 1 to 5 meters in length. The cylinders are drawn into tubes 
 3 to 40mm in outside diameter, 1 to 7mm in wall thickness and 300
 to 2000mm in length, which are used as chemical processing tubes
 and as the outer cladding of fiber optic cables.
 
     Infrasil, Herasil and Homosil are fused from high quality
 quartz crystal. The products are entered in the form of rods,
 ingots, discs, plates, prism blanks, cubes and rectangles.  The 
 rods are principally cut into window blanks. The ingots are
 principally cut into window, lens and prism blanks. The discs,
 plates, cubes and rectangles are lens and window blanks. The 
 glass has good light transmission properties not hampered by the
 bubble content and other impurities found in HQG, HSQ and BQ-B.
 
     Heralux, HLX-WG-LS, WG-HIP and M235 are fused from high 
 quality quartz crystal. The products are entered in the form of
 hollow cylinders 80 to 200mm in outside diameter, 10 to 60mm in
 wall thickness and 1 to 5 meters in length. The cylinders are 
 drawn into tubes 3 to 40mm in outside diameter, 1 to 7mm in wall
 thickness and 300 to 2000mm in length. The drawn Heralux tubes are
 used as lamp envelopes. The drawn HLX-WG-LS and WG-HIP 
 tubes are used as outer cladding for fiber optic cables. The 
 drawn M235 tubes are used as lamp envelopes.
 
 ISSUE:
 
     Is the merchandise classified as optical elements of glass 
 in Heading 7014, as laboratory or pharmaceutical glassware in
 Heading 7017, as glass rods and tubes in Heading 7002, or as 
 other articles of glass in Heading 7020?
 
 LAW ANDANALYSIS:
 
     Heading 7014 in pertinent part describes optical elements of
 glass, not optically worked. The Explanatory Notes to Heading 
 7014, p. 937, provide in part that the heading covers:
 
    (B)  Optical elements of glass (colourless or colored). 
    The heading includes elements which are manufactured 
    in such a way that they produce some required optical 
    effect without being optically worked. These articles 
    include mainly lenses and similar articles for 
    automobile headlamps, parking lights...spotlight bulbs, 
    pocket lamps, electric torches, switchboard or panel 
    lights, and also certain common magnifying glasses.
 
             The heading also includes blanks of optical elements
          and optical elements which require optical working.
 
                                 -4-
                                 
                                      The Suprasil, Infrasil, Herasil and Homosil discs, plates,
 prism blanks, cubes and rectangles are blanks for lenses, prisms 
 or other optical elements. The bubble contents and impurity 
 levels of the materials are sufficient to produce the required
 optical effect. These articles are blanks and have not been
 optically worked. The Infrasil, Herasil and Homosil products are
 described by the importer as the optical line. Although the
 Suprasil discs, plates, prism blanks, cubes and rectangles are 
 not described as part of the optical line, the bubble contents 
 and impurity levels of the materials are obviously sufficient to
 produce the required optical effect, as demonstrated by their use
 as blanks for lenses, prisms or other optical elements.
 
     The Suprasil, Infrasil, Herasil and Homosil discs, plates,
 cubes and rectangles which are of a class or kind of goods
 principally used as blanks for lenses are classified as lens 
 blanks in 7014.00.10, HTSUSA. The prism blanks and remaining 
 discs, plates, cubes and rectangles of Suprasil, Infrasil, 
 Herasil and Homosil are classified as other optical elements in
 7014.00.20, HTSUSA.
 
     The Rotosil products are essentially finished products but 
 do not produce the required optical effect and are not classified
 in Heading 7014. The remaining articles are not in the form of
 optical elements or blanks of optical elements, and are thus not
 classified in Heading 7014; because these remaining articles are
 not even in the form of blanks of optical elements, the question 
 of whether the articles produce the required optical effect is 
 not addressed in this ruling.
 
     Heading 7017 in pertinent part describes laboratory or
 pharmaceutical glassware. The Explanatory Notes to Heading 7017, 
 p. 940, provide that the heading "...covers glass articles of a
 kind in general use in laboratories (research, pharmaceutical,
 industrial, etc.), including...special bell-jars...etc."
 The Rotosil bell jars are essentially finished articles which 
 have the essential character of laboratory or pharmaceutical
 glassware. The Rotosil bell jars are classified as laboratory or
 pharmaceutical glassware, of fused quartz or other fused silica, 
 in 7017.10.00, HTSUSA.
 
     Heading 7002 in part describes unworked rods or tubes. The
 Explanatory Notes to Heading 7002, p. 927, provide that rod and
 tubing of the heading "...must be unworked (i.e., as obtained
 direct from the drawing process or merely cut into lengths the 
 ends of which may have been simply smoothed)." The Rotosil, HSQ,
 BQ-B, Suprasil, Infrasil, Herasil and Homosil rods are classified
 as glass rods, unworked, of fused quartz or other fused silica, 
 in 7002.20.10, HTSUSA.    The Rotosil and HQG tubes, HSQ large and
 small diameter tubes, and Suprasil, Heralux, HLX-WG-LS, WG-HIP
 
                                -5-
                                 
                                  and M235 hollow cylinders are classified as glass tubes, 
 unworked, of fused quartz or other fused silica, in 7002.31.00,
 HTSUSA.
 
     Heading 7020 describes other articles of glass. The BQ-B,
 Suprasil, Infrasil, Herasil and Homosil ingots are classified as
 other articles of glass in 7020.00.00, HTSUSA.
 
     HQ Ruling 554510 (February 14, 1989) held that certain
 commercial type WG products were classified under the TSUS as
 optical glass in any form, in Item 540.67. HQ Ruling 554510
 additionally held that under the HTSUSA these products were
 classified as signalling glassware or optical elements, not
 optically worked, in subheading 7014.00.20. It appears that the
 product information was provided and analysis was performed in HQ
 Ruling 554510 for the purpose of determining whether the products
 were classified under the TSUS as optical glass in any form. It
 does not appear that the requirements of HTSUSA Heading 7014, 
 i.e., that the glass be in the form of signalling glassware,
 optical elements or blanks thereof, not optically worked were at
 issue in HQ Ruling 554510.
 
     Accordingly, HQ Ruling 554510 (February 14, 1989) is 
 modified to delete the last paragraph of the holding, which
 classified the Commercial Type WG tubing, cylinders from which
 Commercial Type WG tubing is fabricated, and preforms in
 7014.00.20, HTSUSA. Because this modification is based on 
 certain HTSUSA requirements not being at issue in HQ Ruling 
 554510, this modification should not be interpreted as a
 determination that subheading 7014.00.20 or any other subheading
 under the HTSUSA is or is not applicable. This modification has 
 no effect on the TSUS classifications in HQ Ruling 554510.
 
 HOLDING:
 
     The Suprasil, Infrasil, Herasil and Homosil discs, plates,
 cubes and rectangles which are of a class or kind of goods
 principally used as blanks for lenses are classified as lens 
 blanks in 7014.00.10, HTSUSA. The prism blanks and remaining 
 discs, plates, cubes and rectangles of Suprasil, Infrasil, 
 Herasil and Homosil are classified as other optical elements in
 7014.00.20, HTSUSA.
 
     The Rotosil bell jars are classified as laboratory or
 pharmaceutical glassware, of fused quartz or other fused silica, 
 in 7017.10.00, HTSUSA.
 
     The Rotosil, HSQ, BQ-B, Suprasil, Infrasil, Herasil and 
 Homosil rods are classified as glass rods, unworked, of fused
 quartz or other fused silica, in 7002.20.10, HTSUSA. The Rotosil
 
                                -6-
                                 
                                  and HQG tubes, HSQ large and small diameter tubes, and Suprasil,
 Heralux, HLX-WG-LS, WG-HIP and M235 hollow cylinders are 
 classified as glass tubes, unworked, of fused quartz or other 
 fused silica, in 7002.31.00, HTSUSA.
 
     The BQ-B, Suprasil, Infrasil, Herasil and Homosil ingots are
 classified as other articles of glass in 7020.00.00, HTSUSA.
 
     HQ Ruling. 554510 (February 14, 1989) is modified to delete 
 the last paragraph of the holding, which classified the 
 Commercial Type WG tubing, cylinders from which Commercial Type 
 WG tubing is fabricated, and preforms in 7014.00.20, HTSUSA. 
 This modification should not be interpreted as a determination 
 that subheading 7014.00.20 or any other subheading under the 
 HTSUSA is or is not applicable. This modification has no effect 
 on the TSUS classifications in HQ Ruling 554510.
 
                             Sincerely,
 
 
 
                             John Durant, Director
                             Commercial Rulings Division