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NY 884755




April 16, 1993

CLA-2-84:S:N:N1:104 884755

CATEGORY: CLASSIFICATION

TARIFF NO.: 8458.11.0005

Mr. Steven A. Beck
Automatics & Machinery Co.
24007 Ventura Blvd., Suite 200
Calabasas, CA 91302

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

Dear Mr. Beck:

In your letter dated April 1, 1993, you requested a tariff classification ruling.

The used CNC horizontal lathes Model Citizen #F-10 CNC Automatic Screw Machines/serial #RO76 and #R258 and Model Star #JNC-16 CNC Automatic Screw Machines/serial #840169, #840115 and #8401140 were manufactured in Japan. Each unit features a Fanuc 2T CNC control. One unit (serial #RO76) was manufactured in 1983 while the balance of the units were manufactured in 1984. These units have previously been used at Japanese manufacturing facilities.

The applicable subheading for the used CNC horizontal lathes Model Citizen #F-10 CNC Automatic Screw Machines/serial #RO76 and #R258 and Model Star #JNC-16 CNC Automatic Screw Machines/serial #840169, #840115 and #8401140 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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