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NY 889353




August 23, 1993

CLA-2-84:S:N:N1:104 889353

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 August 13, 1993, you requested a tariff classification ruling.

The two used Mori Seiki CNC lathes - i.e., Type AL2BTM/serial number 754 and Type AL2BTM/serial number 156 - were manufactured by Mori Seiki Co., Ltd. in Japan in December, 1985 and March, 1985 respectively. Serial number 754 comes equipped with a Fanuc 10TF Control Chip Conveyor. It was originally purchased by Nakafuji Machinery Co., Ltd., Japan in November, 1985. Serial number 156 comes equipped with Yasnuc LX-1 Control. It was originally purchased by Toyo Kiko Works Co., Ltd., Japan in April, 1985. Both 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 manufacturer's certificate showing dates of manufacture, serial numbers and the names of original purchasers. Photographs and literature were also submitted.

The applicable subheading for the used Mori Seiki horizontal CNC lathes - i.e., Type AL2BTM/serial number 754 and Type AL2BTM/serial number 156 - 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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