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NY 862558


May 9,1991

CLA-2-59:S:N:N3H:350 862558

CATEGORY: CLASSIFICATION

TARIFF NO.: 5910.00.1090

Mr. Jose M. Gran
Esbelt Corporation
56 Ash Circle
Warminster, PA 18974

RE: The tariff classification of sixty-four conveyor belts, from Spain.

Dear Mr. Gran:

In your letter dated April 17, 1991, you requested a tariff classification ruling.

You submitted a catalogue and sample book depicting some 64 representative types of conveyor belting which have applications in various industries. Normally, rulings are limited to five items, however, for the purpose of this ruling, we have been able to distinguish between two major groupings and, as such, will be able to provide you with a partial ruling. We would normally list the style or quality name of each belt type, but not in the present situation.

It appears that all of the belt types will be imported in material lengths, that is, not as closed loop belts. All of the belting uses woven polyester textile as a carcass or ply material, and all of the belting contains some type of plastics material such as PVC, PU, Silicon or Olefin.

The applicable subheading for all the belting types measuring 3mm and thicker (0.1181 inches) will be 5910.00.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for ... conveyor belts or belting, whether or not reinforced with metal or other material, of man-made fibers. The duty rate will be 8 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the belting measuring under 3mm in thickness. Your request for a classification ruling should include a sample. We would have to know the respective weights of textile to plastic for each quality or style in all belting under 3mm in thickness. We assume that these various qualities would have been included in the submitted sample book, if not, we would need a sample of each not included.

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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