The tariff classification of a CNC Heavy Duty Roll Turning Lathe from China

N238067 March 1, 2013 CLA-2-84:OT:RR:NC:1:104 CATEGORY: Classification TARIFF NO.: 8458.11.0090 Mr. Samuel Chen Pacific Foundry Company 248 Bridge Street Metuchen, NJ 08840 RE: The tariff classification of a CNC Heavy Duty Roll Turning Lathe from China Dear Mr. Chen: In your letter dated February 1, 2013 you requested a tariff classification ruling. The CNC Heavy Duty Turning Lathe, Model #CK8483*3500, is a horizontal lathe used for cutting, turning and removing metal in metalworking applications. The model features a Siemens 8400-si CNC controller, and an A.C. brushless spindle motor with a continuous rating of 49kW. The workpiece is rotated against the stationary tool. The lathe is suitable for roughing and finishing section mill rolls with profiles of cast iron, high speed steel or tungsten carbide rolls. It contains 5 guideways in design, i.e., 2 guideways for the tailstock, 2 guideways for the saddle in the level surface and 1 guideway on the vertical surface link to the end of the saddle beside the operation side. The longitudinal Z-axis has a turning length of 3500mm. The X-axis is a transversal carriage with an X travel of 475mm. Both longitudinal and transversal carriages are protected against chips and coolant by means of telescopic covers. The model weighs approximately 25 tons. The applicable subheading for the CNC Heavy Duty Roll Turning Lathe, Model #CK8483*3500, will be 8458.11.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Lathes (including turning centers) for removing metal: Horizontal lathes: Numerically controlled…With a power rating exceeding 37.3 kW”. The duty rate will be 4.4 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. Your inquiry does not provide enough information for us to give a classification ruling on the CNC Notch Milling Machine, Model XK8450. Your request for a classification ruling should include the following information: In your supplemental email dated February 25, 2013, you state that the tool is stationary. Yet, submitted literature refers to notching tool (a) turning (Z axis), (b) feed forward or turn back (X axis)(C axis), (c) swing (B axis) and (d) moving (A axis). Please explain. Is the notching tool moving or fixed/stationary? Is the logo making cutting tool moving or fixed/stationary? Marking cutter spindle is said to be “turning at high speed” (S axis). Confirm number of spindles and type of tool mounted on each spindle (e.g., insert cutter, end mill, etc.). Indicate the kW continuous rating of each spindle motor. When this information is available, you may wish to consider resubmission of your request on the Model XK8450. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise Patricia O’Donnell at (646) 733-3011. Sincerely, Thomas J. Russo Director National Commodity Specialist Division