NY 0856953 - The tariff classification of belting material from Italy. - United States International Trade Commision Rulings

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NY 856953

October 30, 1990

CLA-2-39:S:N:N3G:221 856953

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9050

Ms. Gloria Columbe
A.N. Deringer, Inc.
30 West Service Road
Champlain, NY 12919

RE: The tariff classification of belting material from Italy.

Dear Ms. Columbe:

In your letter dated October 1, 1990, on behalf of Jason Industrial Canada Limited, you requested a tariff classification ruling.

The sample submitted with your letter consists of steel cable reinforced polyurethane belting. The sample is in the form of a molded sleeve, measuring 300 mm in width. The width does not exceed the cross-sectional diameter of the sleeve. The inner surface of the sleeve contains notch- shaped protrusions on a 10 mm center. After importation the sleeve will be cut to smaller widths to make belts used principally for power transmission in industrial applications other than automotive. The sleeve is marked with the identifying symbols T10 1210.

The applicable subheading for the belting will be 3926.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem. This belting, as a product of Italy, is subject to additional antidumping duties.

In your letter, you state that the belting is manufactured in Italy and will be exported from Canada in the same condition in which it is imported, with no tranformation. The sample is not marked with the country of origin. Unless excepted by law, section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) requires that every article of foreign origin be legibly and conspicuously marked to indicate the country of origin to the ultimate purchaser in the United States. The sleeve must be marked with the country of origin at intervals sufficient to insure that the marking will appear on each belt made from this sleeve.

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

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