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NY 860884


March 19, 1991

CLA-2-40:S:N:N3H:350 860884

CATEGORY: CLASSIFICATION

TARIFF NO.: 4010.10.1030; 4010.91.1100; 5910.00.1090

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

RE: The tariff classification of one V-Belt for power transmission and four 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 (238 835 9 NT 3601) consists of a V-Belt composed of 78.9% rubber, 12.5% polyester and 8.6% cotton, by weight. You indicate that it measures 2cm in thickness. The second item (15 DR 12) consists of a conveyor belt composed of 90% rubber and 10% cotton. It measures 84cm in width and will be used in the conveyance of cigarettes. The third item (347 EK 6 F/102) consists of a conveyor belt composed of 50% polyurethane, 30% polyvinyl chloride plastic and 20% polyethylene man-made fibers, by weight. We note per a recent telephone conversation that this polyethylene is a woven textile by construction. It will be used to convey cigarette filters. No width was provided for this belt. The fourth item (56 AH 14) is a conveyor belt composed of 72% nylon polymer plastic and 28% nylon textile. It will also be used to convey cigarette filters and no width was provided. The fifth and final item (37 DR 18) is an all textile conveyor belt composed of 25% polyethylene and 75% polyester man-made fibers and will be used to convey cigarettes. No width was provided for this belt.

The applicable subheading for the first belt (238 835 9 NT 3601) will be 4010.10.1030, Harmonized Tariff Schedule of the United States (HTS), which provides for power transmission belts or belting, of vulcanized rubber, of trapezoidal cross section (V-belts), combined with textile materials, with textile components in which cotton predominates by weight over any other single textile fiber. The duty rate will be 5.1 percent ad valorem. The second item (15 dr 12) falls in item 4010.91.1100, HTS, which provides for conveyor belting, of vulcanized rubber, of a width exceeding 20cm, combined with textile materials, with textile components in which vegetable fibers predominate by weight over any other single textile fiber. The duty rate is 5.1 percent ad valorem. The last three items (347 EK 6 F/102, 56 AH 14 and 37 DR 18) are classifiable 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, of man-made fibers. 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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