NY 862498: The tariff classification of a used CNC lathe from Japan.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                          
                                   NY 862498

                                 APR 22, 1991

CLA-2-84:S:N:N1:104 862498  

CATEGORY:  Classification

TARIFF NO.: 8458.11.0005  

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

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

Dear Mr. Rogo:

     In your letter dated April 12, 1991, you requested a tariff
classification ruling.         

     The used horizontal numerically controlled lathe Model CNC-
JUMBO 1250 was originally manufactured in Japan by Tuda
Seisakusho Co., Ltd. in 1983.  The unit has a swing over bed of
1250mm and a swing over cross slide of 760mm.  The lathe (serial
number NC105001) was originally purchased by Kuki Seisakusho Co.,
Ltd. and used in its factory located in Kita-Kyushu City, Japan. 
It was then sold to Kokusai Trading & Supply Co., Ltd., Japan,
who in turn, sold it to your firm.  In order to substantiate the
claim that the machine in question is a used lathe, you have
submitted certifications showing original manufacture date,
certification of use showing dates of use and number of hours
used, original purchase record, original Japan Industrial
Standard (JIS) Inspection Chart and specification sheets.

     The applicable subheading for the used CNC lathe 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