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NY 896335




April 25, 1994

CLA-2-84:S:N:N1:104 896335

CATEGORY: CLASSIFICATION

TARIFF NO.: 8458.91.1080; 8457.30.0010

Mr. Richard Carbonaro
Aspen Forwarders & Custom House Brokers, Inc. 130 Church Street
New York, New York 10007

RE: The tariff classification of machine tools from Germany.

Dear Mr. Carbonaro:

In your letter dated March 25, 1994 on behalf of Hueller Hille Corp. of Troy, Michigan you requested a tariff classification ruling.

The Vertifront 50 CNC Vertical Turning Machine has a maximum turning diameter of 500 mm and can be used to machine such components as brake drums, friction disks, wheel hubs, differential housings and flywheels. The main drive is a 63 kW AC motor with a maximum driving power of 110 kW (25% duty). It may be equipped with a disk-type turret (6 or 8 tool locations) or with a flat turret (4 or 6 tools). An automatic tool changing system is available in conjunction with the turret for changing of worn tools. The turret puts the worn tool down into the lower magazine level and then picks up the twin tool from the upper level.

The Multiway Production Cells include the Diamat 70-7 and the LSA 70-4. The literature states that the workpieces are transferred to several stations in a rotary motion by means of an indexing head. At each station, the stationary workpiece can be machined simultaneously from several directions. The LSA has a horizontal indexing axis while the Diamat has a vertical indxexing axis.

The applicable subheading for the Vertifront 50 will be 8458.91.1080, Harmonized Tariff Schedule of the United States (HTS), which provides for numerically-controlled vertical turret lathes for removing metal. The rate of duty will be 4.2 percent.

The applicable subheading for the Diamat 70-7 and the LSA 70- 4 will be 8457.30.0010, HTS, which provides for multistation transfer machines for working metal. The rate of duty will be 4.2 percent.

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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