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NY 868814


December 10, 1991

CLA-2-84:S:N:N1:104 868814

CATEGORY: CLASSIFICATION

TARIFF NO.: 8457.10.0005

Mr. John Chojnowski
BGA International
440 West Eighth South
P.O. Box 209
Salt Lake City, Utah 84110-0209

RE: The tariff classification of a used machining center from Japan.

Dear Mr. Chojnowski:

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

Model BF-16A(NC) (serial number 51306) is a numerically controlled floor type machining center equipped with an automatic tool changer. The machine performs highly accurate and efficient machining such as boring, drilling and milling. The unit has a spindle diameter of 160 mm and a spindle speed (continuous) of 10 - 1250 rpm.

The unit was manufactured by Toshiba, Japan in 1975 and subsequently shipped to Toshiba Machine Co. America, Elk Grove Village, Illinois. In 1981, the machine was sold and shipped to the Canadian General Electric Company ("CGE") located in Ontario, Canada. When CGE was purchased by Valmet Dominion Inc. ("Valmet"), the machine became the property of Valmet and was in operation at the firm's facility located in Quebec, Canada. The unit has now been acquired by BGA which intends to ship the machine from Canada to its plant in Salt Lake City, Utah during the first week of 1992.

The applicable subheading for the Toshiba Model BF-16A(NC) HBM machining center (serial number 51306) will be 8457.10.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for used machining centers for working metal. The rate of duty will be 4.2% ad valorem.

Section 2443 of the Omnibus Trade and Competitiveness Act of 1988 imposed import sanctions against Toshiba Machine Company of Japan ("Toshiba"). As noted in your correspondence with Mr. C. L. Brainard, Director, Office of Trade Operations, U.S. Customs Service dated October 31, 1991 (copy of which was submitted with your binding ruling request), the enforcement of said import sanctions against Toshiba will expire on December 27, 1991. However, it is also noted that the statute provides for imposition of sanctions for future violations.

Used machining centers from Japan classifiable under 8457.10.0005 which were exported from Japan prior to January 1, 1987 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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