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NY 883250




March 05, 1993

CLA-2-84:S:N:N1:104 883250

CATEGORY: CLASSIFICATION

TARIFF NO.: 8458.11.0005

Mr. Philip Rumme
Sanyo Tool of Ohio, Inc.
1285 S. Patton Street
Xenia, Ohio 45385

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

Dear Mr. Rumme:

In your letter dated February 18, 1993, you requested a tariff classification ruling.

The used Mazak CNC horizontal lathe Model Quick Turn 20 with Mazatrol T-1 CNC control was manufactured in Japan by Yamazaki Mazak Corporation. The unit (serial number 54904) was built in November, 1983. The CNC lathe was originally purchased by Sanyo Tool Mfg., Co., Ltd. to be used at its Japanese facility from 1983 to 1992.

In order to substantiate the claim that the machine in question is a used lathe, you have submitted a manufacturer's certificate showing the original manufacture date/serial number, a maintenance report from Sanyo Tool Mfg., Co., Ltd. and detailed literature on the unit itself. Photographs of the unit were also submitted.

The applicable subheading for the used Mazak CNC horizontal lathe Model Quick Turn 20/serial number 54904 will be 8458.11.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for used horizontal numerically controlled lathes for removing metal. The rate of duty will be 4.4 percent 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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