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NY 886511




June 01, 1993

CLA-2-84:S:N:N1:104 886511

CATEGORY: CLASSIFICATION

TARIFF NO.: 8458.11.0005

Mr. Bud Moore
Advance Machinery Company, Inc.
Used Machinery Division
4632 Illinois Avenue
Louisville, KY 40213

RE: The tariff classification of used lathes from Japan

Dear Mr. Moore:

In your letter dated May 18, 1993, you requested a tariff classification ruling.

The used Mori Seiki CNC horizontal lathes were manufactured in Japan by Mori Seiki Co., Ltd. Model SL-O with Fanuc 10T-A Control (Chucker Type)/serial numbers 251 and 254 and Model SL-1B with Yasnuc LX-2 Control/serial number 1986 were manufactured in 1986. Model SL-1B with Fanuc 10T-A Control/serial number 1900 was manufactured in 1985. Model SL-3A with Yasnuc 2000G II Control/serial number 1966 was built in 1981. The five units were originally purchased by Nakafuji Machinery Co., Ltd. The machines are now being purchased through Kokusai Trading & Supply Co., Ltd. in Japan.

In order to substantiate the claim that the machines in question are used lathes, you have submitted a manufacturer's certificate showing the original manufacture dates/serial numbers, a copy of the original purchase order from Nakafuji Machinery Co., Ltd. to the manufacturer and detailed specifications and literature on the units themselves. Photographs of the units were also submitted.

The applicable subheading for the used Mori Seiki CNC horizontal lathes Models SL-O/serial numbers 251 and 254, Model SL- 1B/serial number 1986, Model SL-1B/serial number 1900 and Model SL- 3A/serial number 1966 will be 8458.11.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for used horizontal numerically controlled lathes for removing metal. The rate of duty will be 4.4 percent 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.

Sincerely,

Jean F. Maguire
Area Director

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