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HQ 950566


February 13, 1992

CLA-2 CO:R:C:T 950566 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 4010.91.1590

Mr. Paul Linet
Law Offices of Paul E. Linet
360 Massachusetts Avenue
Suite 105
Acton, MA 01720

RE: NYRL 864971 affirmed in part and modified in part. Conveyor belt and belting of vulcanized rubber combined with textiles. Mining.

Dear Mr. Linet:

This is in reply to your letter of October 16, 1991. That letter concerned the tariff classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of conveyor belting, produced in either the United Kingdom or the Republic of South Africa. Please reference your client Cable Belt Conveyors, Inc. (hereinafter CBCI).

FACTS:

The merchandise at issue was described in New York Ruling Letter 864971 of July 18, 1991, as follows:

The belt ... is made up of external covers of Ethylene Propylene Diene tertiary monomer base polymer compound. The core is made of a natural rubber based compound. Reinforcing this belt are two layers of nylon monofilament warp and brass coated steel weft fabric. The belt, itself, measures 12 inches in width and contains V-shaped notches or crenulations in pairs which are spaced a couple of feet apart and appear on both sides of the belt. This belt measures about .625 inches in thickness (absent the notches). The notches measure about 1 inch in height.

In NYRL 864971, we classified this merchandise under subheading 4010.99.1590, HTSUSA, as conveyor belting, of vulcanized rubber, combined with textile materials, with textile components in which man-made fibers predominate by weight over any other single textile fiber. You now request we reconsider this ruling, and classify the belt under subheading 4010.99.1900, HTSUSA, which provides for similar merchandise where man-made fibers do not predominate by weight.

ISSUE:

Whether the instant merchandise is of rubber combined with textile materials, as defined in the HTSUSA?

LAW AND ANALYSIS:

Subheading 4010.99.15, HTSUSA, provides for conveyor belting, of vulcanized rubber, combined with textile materials, with textile components in which man-made fibers predominate by weight over any other single textile fiber. Subheading 4010.99.1900, HTSUSA, provides for similar merchandise where man- made fibers do not predominate by weight. You argue that the latter subheading is applicable, since the former requires for comparison at least two different textile fibers.

We disagree. In HRL 086420 of June 12, 1990, we classified similar conveyor belting under subheading 4010.99.15, HTSUSA, stating:

It is ... our determination that if man-made fibers are the only textile fibers present, as is the case with the instant belts, then these fibers clearly "predominate" over any other single fiber as is required by subheading 4010.91.15. This is the only logical interpretation of this language.

Alternatively, you have requested classification under subheading 8431.31.0060, HTSUSA, as parts of machinery. The General Rules of Interpretation (GRIs) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part, that such "classification shall be determined according to the terms of the headings and any relative section or chapter notes...." Goods which cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRIs, taken in order. Note 1 to Section XVI, HTSUSA, of which Chapter 84 is a part, states:

This section does not cover:

(a) Transmission, conveyor or elevator belts or belting, of plastics of chapter 39, or of vulcanized rubber
(heading 4010);....

As the instant merchandise is correctly classified as conveyor belt or belting of vulcanized rubber, it is excluded from classification within Chapter 84, HTSUSA.

Finally, the author of the original NYRL has informed us that a factual error was included within NYRL 864971. Where the width of the merchandise was given as 12 inches (30.5 cm), the merchandise is imported in widths of approximately 155 cm. In either situation, classification under subheading 4010.99, HTSUSA, as conveyor belting other than, inter alia, belting of a width exceeding 20 cm, was incorrect. NYRL 864971 is therefore modified to that effect.

HOLDING:

As a result of the foregoing, the instant merchandise is classified under subheading 4010.91.1590, HTSUSA, as conveyor or transmission belts or belting, of vulcanized rubber, other, of a width exceeding 20 cm, combined with textile materials, with textile components in which man-made fibers predominate by weight over any other single textile fiber, other. The applicable rate of duty is 8 percent ad valorem.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying NYRL 864971 of July 18, 1991, pursuant to 19 C.F.R. 177.9(d)(1) (1989), to reflect the above classification effective with the date of this letter. This letter is not to be applied retroactively to NYRL 864971 (19 C.F.R. 177.9(d)(2) (1989)) and will not, therefore, affect the previous importations of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, including that for which the present classification is requested, NYRL 864971 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to the release of HRL 950566 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

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,

John Durant, Director
Commercial Rulings Division

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