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NY 892654

November 29, 1993

CLA-2-84:S:N:N1:104 892654


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 15, 1993, you requested a tariff classification ruling.

The four used Mori Seiki CNC horizontal spindle lathes - i.e., Model SL25B/500/serial number 971, Model SL-4C/serial number 2114, Model SL-OB/serial number 63 and Model SL-3H/serial number 4558 - were manufactured by Mori Seiki Co., Ltd. in Japan. Serial number 971 which was built in 1988 is equipped with a Fanuc 10T-A Control. Serial number 2114 which was built in 1987 is equipped with a Fanuc 10-T Control. Serial number 63 which was built in 1983 is equipped with a Yasnuc LX-1 Control. Serial number 4558 which was built in 1986 is equipped with a Fanuc 10T-A Control. All four lathes were originally purchased by Ishige Machinery Works, Ltd. of Japan. It is noted that all four 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 orders and original manufacturer's certificate showing dates of manufacture, serial numbers and name of original purchaser. Photographs and literature were also submitted.

The applicable subheading for the used horizontal CNC lathes -i.e., Mori Seiki Model SL25B/500/serial number 971, Model SL-4C/serial number 2114, Model SL-OB/serial number 63 and Model SL-3H/serial number 4558 - 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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