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NY 892525





November 26, 1993

CLA-2-84:S:N:N1:104 892525

CATEGORY: CLASSIFICATION

TARIFF NO.: 8458.11.0005

Mr. Bud Moore
Advance Machinery Company, Inc.
Used Machinery Division
4632 Illinois Avenue
Louisville, KY 40213

RE: The tariff classification of used CNC lathes from Japan.

Dear Mr. Moore:

In your letter dated November 15, 1993, you requested a tariff classification ruling.

The used Yamazaki Mazak CNC horizontal spindle lathe Model QT- 10NU/serial number 63950 was manufactured by Yamazaki Mazak Corp., Ltd. in Japan in 1985. The unit comes equipped with a Mazatrol T- 2 Control. It was originally purchased by Tsuchida Kikai Co., Ltd. of Japan for use in that firm's facility from December, 1985 to August, 1993.

The used Citizen CNC horizontal spindle automatic lathe Model F-20/serial number V-2013 was manufactured by Citizen Watch Mfg. Co., Ltd. in Japan in 1986. The unit comes equipped with a Fanuc 10T-A Control. It was originally purchased by Ishige Machinery Works, Ltd. of Japan in October, 1986 and used by that firm for approximately seven years.

The used Okuma Howa CNC horizontal spindle lathe Model ACT2SP- 2/serial number 23230 was manufactured by Okuma Howa Machinery, Ltd. in Japan in 1984. The unit comes equipped with a OH-Fanuc- WL Control. It was originally purchased by Ishige Machinery Works, Ltd. of Japan for use in that firm's facility for approximately nine years.

The used Wasino CNC horizontal spindle lathe Model LJ62M/serial number 2216 was manufactured by Wasino Mfg. Co., Ltd. in Japan in 1986. The unit comes equipped with a Fanuc 10T-A Control. It was originally purchased by Ishige Machinery Works, Ltd. of Japan for use in that firm's facility for approximately seven years.
The used Hitachi Seiki CNC horizontal spindle lathe Model 5NE- 1100/serial number NE5553 was manufactured by Hitachi Seiki Corp., Ltd. in Japan in 1984. The unit comes equipped with a Fanuc 6T- B Control.

It is noted that all five lathes are now being purchased by Advance Machinery Company, Inc. from Kokusai Trading & Supply Co., Ltd. of Japan.

In order to substantiate the claim that the machines in question are used lathes, you have submitted copies of original purchase orders and original manufacturers' certificates showing dates of manufacture, serial numbers and the names of the original purchasers. Photographs and literature were also submitted.

The applicable subheading for the used horizontal CNC lathes - Yamazaki Mazak Model QT-10NU/serial number 63950, Citizen Model F-20/serial number V-2013, Okuma Howa Model ACT2SP-2/serial number 23230, Wasino Model LJ62M/serial number 2216 and Hitachi Seiki Model 5NE-1100/serial number NE5553 - 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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