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NY 892873




December 6, 1993

CLA-2-84:S:N:N1:104 892873

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 a used CNC lathe from Japan

Dear Mr. Moore:

In your letter dated November 29, 1993, you requested a tariff classification ruling.

The used Yamazaki Mazak CNC horizontal lathe Model QT10N ATC turning/mill center-serial number 69403 was manufactured by Yamazaki Mazak Works, Ltd. in Japan in September, 1986. The unit comes equipped with a Mazatrol T-3 Control. It was originally purchased by Takashino Machinery, Ltd. of Japan for use in that firm's facility from October, 1986 to July, 1993. The model is now being purchased by Advance Machinery Company, Inc. from Kokusai Trading & Supply Co., Ltd. of Japan.

In order to substantiate the claim that the machine in question is a used lathe, you have submitted a copy of the original purchase order and original manufacturer's certificate showing date of manufacture, serial number and the name of the original purchaser. Photographs and literature were also submitted.

The applicable subheading for the used Yamazaki Mazak horizontal CNC lathe Model QT10N ATC turning/mill center-serial number 69403 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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