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NY 862498


APR 22, 1991

CLA-2-84:S:N:N1:104 862498

CATEGORY: CLASSIFICATION

TARIFF NO.: 8458.11.0005

Mr. Mort Rogo
Morton Machinery Company, Inc.
2910 Santa Fe Avenue
Vernon, CA 90058-1400

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

Dear Mr. Rogo:

In your letter dated April 12, 1991, you requested a tariff classification ruling.

The used horizontal numerically controlled lathe Model CNC- JUMBO 1250 was originally manufactured in Japan by Tuda Seisakusho Co., Ltd. in 1983. The unit has a swing over bed of 1250mm and a swing over cross slide of 760mm. The lathe (serial number NC105001) was originally purchased by Kuki Seisakusho Co., Ltd. and used in its factory located in Kita-Kyushu City, Japan. It was then sold to Kokusai Trading & Supply Co., Ltd., Japan, who in turn, sold it to your firm. In order to substantiate the claim that the machine in question is a used lathe, you have submitted certifications showing original manufacture date, certification of use showing dates of use and number of hours used, original purchase record, original Japan Industrial Standard (JIS) Inspection Chart and specification sheets.

The applicable subheading for the used CNC lathe will be 8458.11.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for used numerically controlled horizontal lathes for removing metal. The rate of duty will be 4.4% 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.

Sincerely,

Jean F. Maguire

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