CLA-2-84:S:N:N1:104 886901
Mr. Richard R. Walker
V. Alexander & Co., Inc.
3286 North Park Blvd., Suite D
Alcoa, Tennessee 37701-3255
RE: The tariff classification of used NC lathes from Japan
Dear Mr. Walker:
In your letter dated June 1, 1993, you requested a tariff
classification ruling on behalf of Nippondenso Tennessee, Inc.
The three used horizontal NC lathes/serial numbers 89LE010211,
89LE010212 and 90LE010403 were manufactured in Japan by Miyano
Machinery Japan, Inc. Serial number 90LE010403 was manufactured
in 1990. The balance of the units were manufactured in 1989. All
three units are single spindle lathes.
In order to substantiate the claim that the machines in
question are used lathes, you have submitted copies of the Miyano
Machinery orders for these lathes and a history of each lathe which
includes information on the number of pieces produced by each
machine. Photographs of the units were also submitted.
The applicable subheading for the used horizontal NC
lathes/serial numbers 89LE010211, 89LE010212 and 90LE010403 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