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NY 867166

October 15, 1991

CLA-2-84:S:N:N1:104 867166


TARIFF NO.: 8458.11.0005

Mr. Morton Rogo
Morton Machinery Company, Inc.
2910 Santa Fe Avenue
Vernon, California 90058-1400

RE: The tariff classification of a used CNC Chucker from Japan.

Dear Mr. Rogo:

In your letter dated September 18, 1991, you requested a tariff classification ruling.

The used Mazak Model "Power Master 80 CNC Chucker" was originally manufactured in Japan by Yamazaki Mazak Corporation in March, 1982. The unit is a heavy duty CNC turning center with chip conveyor. Its octagonal turret is mounted on a cross slide which has a 470 mm bridge width.

The chucker (machine serial number 49383) was originally purchased by Yamazaki Mazak Seiko Corp., Japan and was in operation from April, 1982 to September, 1990. The unit is now being purchased by your firm from Kokusai Trading & Supply Co., Ltd., Japan. In order to substantiate the claim that the machine in question is a used chucker, you have submitted a copy of the original purchase order and the original manufacturer's certificate showing the date of manufacture, serial number, dates of use and depreciation data.

The applicable subheading for the used Model "Power Master 80 CNC Chucker" (serial number 49383) will be 8458.11.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for used numerically controlled horizontal lathes for removing metal. The rate of duty will be 4.4% ad valorem.

Used lathes from Japan classifiable under 8458.11.0005 do not require a Japanese Export Certificate in accordance with the Agreement on Trade in Certain Machine Tools between the United States and Japan. Further information may be obtained by writing to the International Trade Administration, Office of Agreements Compliance, Department of Commerce, Washington, D.C., 20230.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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