NY 867166

October 15, 1991


CLA-2-84:S:N:N1:104 867166

CATEGORY: Classification

TARIFF NO.: 8458.11.0005

Mr. Morton Rogo
Morton Machinery Company, Inc.
2910 Santa Fe Avenue
Vernon, California 90058-1400

RE: The tariff classification of a used CNC Chucker from Japan.

Dear Mr. Rogo:

In your letter dated September 18, 1991, you requested a
tariff classification ruling.

The used Mazak Model "Power Master 80 CNC Chucker" was
originally manufactured in Japan by Yamazaki Mazak Corporation in
March, 1982. The unit is a heavy duty CNC turning center with
chip conveyor. Its octagonal turret is mounted on a cross slide
which has a 470 mm bridge width.

The chucker (machine serial number 49383) was originally
purchased by Yamazaki Mazak Seiko Corp., Japan and was in
operation from April, 1982 to September, 1990. The unit is now
being purchased by your firm from Kokusai Trading & Supply Co.,
Ltd., Japan. In order to substantiate the claim that the machine
in question is a used chucker, you have submitted a copy of the
original purchase order and the original manufacturer's
certificate showing the date of manufacture, serial number, dates
of use and depreciation data.

The applicable subheading for the used Model "Power Master
80 CNC Chucker" (serial number 49383) will be 8458.11.0005,
Harmonized Tariff Schedule of the United States (HTS), which
provides for used numerically controlled horizontal lathes for
removing metal. The rate of duty will be 4.4% 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
New York Seaport