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NY 860882


March 19, 1991

CLA-2-40:S:N:N3H:350 860882

CATEGORY: CLASSIFICATION

TARIFF NO.: 4010.99.5090; 5910.00.1090

Mr. Clarence Cox, Jr.
Hauni Richmond, Inc.
2800 Charles City Road
Richmond, VA 23231

RE: The tariff classification of five conveyor belts for use in the manufacture of cigarettes, from Germany.

Dear Mr. Cox:

In your letter dated February 19, 1991, you requested a tariff classification ruling.

The first item (264 HG 7 F/101) consists of a conveyor belt composed of 85% rubber and 15% plastic, by weight. It measures 4cm in width and will be used in the conveyance of filters in the manufacturing of cigarettes. The second item (264 HG 8 F/103) is similar in construction and composition to the first, except that it measures 8cm in width. The third item (301 EK 76 F/101) consists of a conveyor belt composed of 70% rubber and 30% plastic measuring 4cm in width. The fourth item (555 EK 28 F/102) is a conveyor belt measuring 6mm in width and is composed of 85% rubber and 15% plastic. The fifth and final item (527 EK 139) consists of a conveyor belt composed of 90% polyvinyl chloride plastic and 10% polyethylene man-made fiber textile fabric.

The applicable subheading for the first four items will be 4010.99.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for conveyor belts or belting, of vulcanized rubber, not combined with textile materials. The rate of duty will be 4.2 percent ad valorem. The fifth item falls in item 5910.00.1090, HTS, which provides for conveyor belts or belting, of textile material, whether or not reinforced with metal or other material. The duty rate is 8 percent ad valorem.

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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