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NY 886901

June 25, 1993

CLA-2-84:S:N:N1:104 886901


TARIFF NO.: 8458.11.0005

Mr. Richard R. Walker
V. Alexander & Co., Inc.
3286 North Park Blvd., Suite D
Alcoa, Tennessee 37701-3255

RE: The tariff classification of used NC lathes from Japan

Dear Mr. Walker:

In your letter dated June 1, 1993, you requested a tariff classification ruling on behalf of Nippondenso Tennessee, Inc.

The three used horizontal NC lathes/serial numbers 89LE010211, 89LE010212 and 90LE010403 were manufactured in Japan by Miyano Machinery Japan, Inc. Serial number 90LE010403 was manufactured in 1990. The balance of the units were manufactured in 1989. All three units are single spindle lathes.

In order to substantiate the claim that the machines in question are used lathes, you have submitted copies of the Miyano Machinery orders for these lathes and a history of each lathe which includes information on the number of pieces produced by each machine. Photographs of the units were also submitted.

The applicable subheading for the used horizontal NC lathes/serial numbers 89LE010211, 89LE010212 and 90LE010403 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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