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NY 860770


MAR 01, 1991

CLA-2-84:S:N:N1:104 860770

CATEGORY: CLASSIFICATION

TARIFF NO.: 8458.11.0010; 9030.39.0040

Mr. Scott A. Cohn
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, NY 10017

RE: The tariff classification of armature and stator manufacturing machines from Italy.

Dear Mr. Cohn:

In your letter dated February 19, 1991, you requested a tariff classification ruling on behalf of Axis USA, Inc.

This request represents one of several ruling requests you submitted covering the importation of various machines for the manufacture of armatures and stators. The armatures and stators made by this equipment will be used as components of electric motors for small household appliances, power tools and automobile DC motors.

You inquired about the following specific articles:

1. Models ACTM 400 automatic commutator turning machine and ACTM/TAG 50 commutator turning lathe surface finish the copper ring around the commutator in the turning station so that it becomes perfectly round, smooth and concentric with the bearing journals on the shaft. Cutting operations are performed at a maximum of two stations. These multiple spindle machines have a power rating of less than 18.65 kW. Both machines are numerically controlled horizontal lathes valued at over U.S. $3,025 each. Each machine can utilize a maximum of two tools. The workpieces are held in the lathes by special "U" or "V" fixtures.

2. Model ATS 400 automatic armature testing system is a defect detection device which utilizes electrical probes to measure resistance so as to determine if there is faulty insulation, proper connection, etc. The device does not contain any optical or laser features. It is not equipped with a recording device.

Control panels for those machines which are operated by control panels may also be imported with the particular machine.

The applicable subheading for the Model ACTM 400 automatic commutator turning machine and the Model ACTM/TAG 50 commutator turning lathe will be 8458.11.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for horizontal numerically controlled lathes, other: multiple spindle. The rate of duty will be 4.4% ad valorem.

The applicable subheading for the Model ATS 400 automatic armature testing system will be 9030.39.0040, HTS, which provides for other instruments and apparatus for measuring or checking voltage, current, resistance or power, without a recording device. The rate of duty will be 4.9% ad valorem.

A control panel imported together with the machine it will control will be classified in the same subheading as the machine.

The above merchandise is not subject to any visa requirements. According to the Voluntary Restraint Agreement, lathes manufactured in Italy do not require an export certificate/license at time of importation into the U.S. Further information on the Voluntary Restraint Agreement 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.

Sincerely,

Jean F. Maguire
Area Director

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