CLA-2-84:S:N:N1:104 879343
Mr. Jeffrey Kopp
Advance Machinery Company, Inc.
Used Machinery Division
4632 Illinois Avenue
Louisville, KY 40213
RE: The tariff classification of a used CNC horizontal lathe
from Japan.
Dear Mr. Kopp:
In your letter dated October 8, 1992, you requested a tariff
classification ruling.
The used Star CNC horizontal lathe Model VNC-32 Automatic
Screw Machine was manufactured in Japan by Star Micronics Co.,
Ltd.. The unit (serial number 860065) was built in March, 1986.
It features a maximum turning diameter of 32mm (1.1/4") and a
headstock spindle speed of 150 - 6000 RPM, variable speeds
changes. The CNC lathe was originally purchased by Toyo Kiko
Co., Ltd. to be used at its Japanese facility from April, 1986 to
July, 1992. The machine is now being purchased through Kokusai
Trading & Supply Co., Ltd. in Japan.
In order to substantiate the claim that the machine in
question is a used lathe, you have submitted a manufacturer's
certificate showing the original manufacture date, a copy of the
original purchase order from Toyo Kiko Co., Ltd. to the
manufacturer and detailed specifications/literature on the unit
itself. Photographs of the unit were also submitted.
The applicable subheading for the used CNC horizontal lathe
Model VNC-32 Automatic Screw Machine/serial number 860065 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