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NY 892165

November 18, 1993

CLA-2-84:S:N:N1:104 892165


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 CNC lathes from Japan.

Dear Mr. Moore:

In your letter dated November 9, 1993, you requested a tariff classification ruling.

The two used Mori Seiki CNC horizontal spindle lathes - i.e., Model SL25/serial number 836 and Model SL1B/serial number 1926 - were manufactured by Mori Seiki Co., Ltd. in Japan in 1986 and 1985 respectively. Serial number 836 comes equipped with a Fanuc 10TA Control while serial number 1926 is equipped with a Fanuc 10TF Control. Both lathes were originally purchased by Nakafuji Kikai Co., Ltd., Japan for use in the firm's facility from March, 1986 to August, 1993 (Model SL25) and from November, 1985 to September, 1993 (Model SL1B). It is noted that the two lathes are now being purchased by Advance Machinery Company, Inc. from Kokusai Trading & Supply Co., Ltd. of Japan.

In order to substantiate the claim that the machines in question are used lathes, you have submitted copies of original purchase order and original manufacturer's certificate showing dates of manufacture, serial numbers, name of original purchaser and dates of use. Photographs and literature were also submitted.

The applicable subheading for the used horizontal CNC lathes - i.e., Mori Seiki Model SL25/serial number 836 and Model SL1B/serial number 1926 - 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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