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
New York Seaport