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NY 886704

June 07, 1993

CLA-2-84:S:N:N1:104 886704


TARIFF NO.: 8458.11.0005

Mr. N. Yagishita
Automotive Products Sales Department
Yokohama Aeroquip Co.
6-40, 4-chome, Higashi Yahata
Kanagawa, 254 Japan

RE: The tariff classification of used horizontal lathes from Japan

Dear Mr. Yagishita:

In your letter dated May 13, 1993, you requested a tariff classification ruling.

The used horizontal NC lathe Model NUCBOY-8/serial number 1538 was manufactured in Japan by Eguro Ltd. This unit was built in May, 1990. The used horizontal NC lathe Model BND-20C/serial number 90BD20015C was manufactured in Japan by Miyano Machinery Japan Inc. This unit was built in June, 1990.

In order to substantiate the claim that the machines in question are used lathes, you have submitted manufacturers' certificates showing the original manufacture dates/serial numbers, copies of machine registers, a certificate of origin and detailed specifications/literature on the units themselves. Copies of photographs of the units were also submitted.

The applicable subheading for the used horizontal NC lathes Eguro Model NUCBOY-8/serial number 1538 and Miyano Model BND- 20C/serial number 90BD20015C 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.


Jean F. Maguire
Area Director

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