N335835

N335835 October 27, 2023 OT:RR:NC:N1:104 CATEGORY: Origin Jay Cho Aprio LLP 2002 Summit Boulevard, Suite 120 Atlanta, GA 30319 RE: The country of origin of an ingot grower Dear Mr. Cho: In your letter dated October 9, 2023, on behalf of Hanwha Corporation, you requested a country of origin ruling for an ingot grower produced in two countries, China and South Korea. The subject ingot grower, also referred to as a crystal grower or crystal pulling machine, is a machine used in the manufacturing of monocrystalline silicon ingots. It measures 13.4 meters in height and 2.9 meters in width. Monocrystalline silicon is used in the photovoltaic industry to produce conventional solar cells, which are composed of semiconductor material. The subject machine employs the Czochralski (Cz) method of crystal growth in which a seed crystal, mounted on a rod, is dipped into a crucible containing raw molten silicon quartz metal that has been melted using a heater within the machine’s main chamber. The seed crystal is positioned to touch the surface of the molten material, initiating the “seeding” process. As the rod is subsequently pulled upward through a pull chamber, crystal growth begins as a thin film of the molten material adheres to the seed and cools. Along with the pulling action, the seed crystal and the crucible are simultaneously being rotated in opposite directions during the growth process. This growing procedure shapes cylindrical silicon boules from the molten material. See NY N061759 (May 27, 2009). The applicable subheading for the ingot grower will be subheading 8486.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays; machines and apparatus specified in Note 11(C) to this chapter; parts and accessories: Machines and apparatus for the manufacture of boules or wafers. Country of Origin As explained below, the subject machine is comprised of several core subassemblies, most of which are produced in China, with assembly operations completed in Korea. You also state that certain “installation” steps will be performed in either Korea or the U.S. The pull head helps control the growth of the monocrystalline silicon ingot via horizontal rotation and vertical lifting of the seed. The pull head subassembly is situated at the top of the ingot grower and is comprised of both structural components and functional units. The structural components (steel housings, frames, and fittings) are fully fabricated and formed in Korea. The functional units are mainly produced in China and consist of both mechanical parts, including a spool drum, wire pulley, and ball spline, and electrical parts, including servo motors, gear motors, and a worm reducer. In Korea, the main structural steel components are fastened or welded together, while the functional units are simply mounted or fastened to the steel structures and housings. Testing and adjustment of the completed pull head in Korea completes the assembly operations. Finally, in either Korea or the U.S., the pull head is connected to the pull chamber through operations mainly involving aligning and fastening using brackets and bolts. The pull chamber’s function is to provide a temperature-controlled space for ingot growth. It is described as a long, stainless-steel, double-walled tubular enclosure linking the pull head to both the dome and main chambers. It utilizes a cooling mechanism to maintain optimal conditions for ingot growth. The pull chamber is raised by a hydraulic cylinder and rotated by an inverter motor. All the pull chamber’s components are Chinese, and its assembly is fully completed in China. In Korea or the U.S., the pull chamber subassembly is connected to the dome chamber via a sealing/docking mechanism with an isolation valve unit installed to connect the two chambers and then attached to a column using bolts. The main chamber, comprised of a lower and upper chamber produced in China, is a complete enclosure that houses the heater, crucible, and reflector insulation, none of which will be included with the ingot grower at the time of importation. The dome chamber sits atop the main chamber, sealing and closing the main chamber. Virtually all components of the main and dome chambers are of Chinese origin, and the subassemblies are fully completed in China. After the subassemblies arrive in Korea or the U.S. for installation, the lower main chamber is bolted onto the base plate using an industrial torque wrench, and the upper chamber is bolted together with the lower chamber. The dome/main chambers work together with other functional components that are not part of these chambers to maintain the controlled environment, including a cooling manifold, a vacuum system, and an Ar gas system. The next subassembly is the main frame and base plate, constructed entirely of Chinese-origin components and produced in China. The main frame is a square-like steel structural support for the chambers and includes a steel column wall and main bottom frame. The base plate is located atop the bottom frame supporting the dome/main chamber. This finished subassembly is sent to Korea or the U.S. for installation into the ingot grower, which entails bolting the column and bottom frame together using an industrial torque wrench. The crucible lift sits beneath the main chamber and is designed to rotate, raise, or lower the crucible within the main chamber. You state that raising and rotating the crucible, along with rotating and lifting the seed by the pull head, are the most important processes in the Cz method. The crucible lift subassembly is comprised of a main steel guide shaft connected to the crucible pedestal, and mechanical and electro-mechanical components, including crucible shaft tooling, guide screw module, servo motor, geared motor, and worm reducer. It also includes structural components and minor electrical items such as sensors. The structural components of this subassembly are produced entirely in Korea from raw steel material; however, most of the core mechanical/electrical components are produced in China. The assembly operations in Korea entail bolting the crucible lift to the bottom frame and leveling the position of the assembled crucible lift using a special tool and centering the lift. Like the pull head assembly, the crucible lift assembly requires skilled technicians and is somewhat time-consuming but not particularly complex. Other subassemblies and components include a programmable logic controller (PLC) panel, a control console that functions as the primary controller for the ingot grower, a power distribution panel, junction boxes, various electrical panels and enclosures, a wire harness, a coolant manifold, and other separately purchased subsystems and components including a hydraulic pump, vacuum system, dust filter, Ar gas system, and a CCD camera (for monitoring ingot growth in the main chamber). All PCBAs are made in China and integrated into the PLC panel and control console. With the exception of the main software and programs for the control console (Korea), vacuum pump (Taiwan), and wire harness (Korea), these subassemblies and components are produced in China and are fully finished when they arrive in Korea, requiring only minor adjustments for installation purposes. With regard to your request for the appropriate country of origin of the ingot grower, 19 C.F.R. § 134.1(b) provides in pertinent part as follows: Country of origin means the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the “country of origin” within the meaning of this part; As stated in HQ 735009 dated J

set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Arthur Purcell at arthur.purcell@cbp.dhs.gov.Sincerely, Steven A. Mack Director National Commodity Specialist Division