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NY 868790


December 2, 1991

CLA-2-84:S:N:N1:104 868790

CATEGORY: CLASSIFICATION

TARIFF NO.: 8458.11.0005

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

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

Dear Mr. Rogo:

In your letter dated November 11, 1991, you requested a tariff classification ruling.

The used Mazak Model "Slant-Turn 60 CNC Lathe Mazatrol T- 2/CRT" was originally manufactured in Japan by Yamazaki Corporation in October, 1986. The unit is a heavy duty CNC horizontal spindle turning lathe with chip conveyor.

The lathe (machine serial number 66809) was originally purchased by Nittetsu Jitsugyo Ltd., Japan and was in operation from November, 1986 to June, 1991. The unit is now being purchased by your firm from Kokusai Trading & Supply Co., Ltd., Japan. In order to substantiate the claim that the machine in question is a used lathe, you have submitted certificates indicating the original manufacturer and original buyer. Said certificates also show the date of manufacture, serial number, dates of use and machine specifications.

The applicable subheading for the used Mazak Model "Slant- Turn 60 CNC Lathe Mazatrol T-2/CRT" (serial number 66809) 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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