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NY 868267


November 4, 1991

CLA-2-84:S:N:N1:104-868267

CATEGORY: CLASSIFICATION

TARIFF NO.: 8458.11.0005

Mr. Ronald Jacobsen
Yusen Air & Sea Service (U.S.A.) Inc.
170 Thorndale Avenue
Bensenville, Illinois 60106-1111

RE: The tariff classification of used NC turning centers from Japan.

Dear Mr. Jacobsen:

In your letter dated October 15, 1991, you requested a tariff classification ruling on behalf of NTN Driveshaft, Inc..

The used Hitachi Seiki turning centers (Model 4NE II-600) were originally manufactured in Japan by Hitachi Seiki Co., Inc. in September, 1988. The units are numerically controlled horizontal single spindle turning centers.

The units (serial numbers NE-42613, NE-42614 and NE-42615) were originally purchased by NTN Toyo Bearing Co., Ltd./Japan (now known as NTN Corporation/Japan) and were in operation at the firm's Iwata Works, CVJ Plant/Japan from November, 1988 to March, 1991. The units are now being shipped to NTN Driveshaft, Inc., Indiana. In order to substantiate the claim that the machines in question are used turning centers, you have submitted copies of the original purchase order, original manufacturer's certification and recording of serial numbers, photographs of the three units in question displaying serial number plates, records of dates of use, production data, depreciation records, fixed asset history and the JMI Institute's confirmation for used equipment.

The applicable subheading for the Model 4NE II-600 NC turning centers (serial numbers NE-42613, NE-42614 and NE-42615) 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
Area Director

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