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NY 892944

December 13, 1993

CLA-2-84:S:N:N1:104 892944


TARIFF NO.: 8458.11.0005

Mr. Kevin Taniguchi
Bush/Tower Group Int'l.
1926 E. Maple Avenue
El Segundo, CA 90245

RE: The tariff classification of a used CNC lathe from Japan.

Dear Mr. Taniguchi:

In your letter dated December 2, 1993, you requested a tariff classification ruling of behalf of SMC Pneumatics Inc., USA.

The used Tsugami CNC precision automatic lathe Model Type NP17/serial number 3183 was manufactured by Tsugami Corp. in Japan on February 17, 1989. The unit comes equipped with a Fanuc OTB Control and a Model MF17 Bar-Feeder. It was originally purchased by SMC Corporation of Tokyo, Japan for use in that firm's Japanese facility from March, 1989 to August, 1993. The lathe was used in the production of piston rods for air cylinders.

In order to substantiate your claim that the machine in question is a used lathe, you have submitted copies of the original purchase order, original manufacturer's/purchaser's certifications showing dates of manufacture/use and serial number and the Japan Quality Assurance Organization's Certification for Used Equipment. Photographs were also submitted.

The applicable subheading for the used Tsugami CNC precision automatic lathe Model Type NP17/serial number 3183 together with its Fanuc OTB Control and Model MF17 Bar-Feeder 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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