NY 0870089 - The tariff classification of four belting items, from the Netherlands. - United States International Trade Commision Rulings

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NY 870089

January 7, 1992

CLA-2-59:S:N:N3H:350 870089

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.10.2090; 5903.20.2500; 5910.00.1090

Ms. Regina Vance
Jean D. Duncan Customs Brokers, Inc.
P.O. Box 20696/Atlanta Airport
Atlanta, GA 30320

RE: The tariff classification of four belting items, from the Netherlands.

Dear Ms. Vance:

In your letter dated December 11, 1991, which was received December 24, 1991, and on behalf of BTZ America Inc., you requested a tariff classification ruling.

Four representative samples were submitted. The four belting styles are all constructed with one or more plies of woven anti-static polyester fabric and have been laminated with either a PU or PVC plastic. We assume they will be imported as belting and not as closed loop or finished belts, etc. The following technical specifications were provided:

STYLE THICKNESS WEIGHT

U12-24 .9mm .95kg/sq.mtr.(57.1%polyester/42.9% PU)

21-24 2.5mm 2.7kg/sq.mtr.(27.9% polyester/72.1% PVC)

22-14 2.4mm 2.7kg/sq.mtr.(25.8% polyester/74.2% PVC)

22-11 3.2mm 3.5kg/sq.mtr.(20.5% polyester/79.5% PVC)

We note that since styles U12-24, 21-24 and 22-14 measure under 3mm in thickness, that following the pertinent legal and explanatory notes, such belting is classified as material in subheading 5903... and not belting in 5910... Further, noting that these three styles have one outer layer of textile, classification would not fall in any subheading of Chapter 39.

Accordingly, the applicable subheading for style U12-24 will be 5903.20.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyurethane, of man-made fibers, not over 70 percent by weight of plastics. The rate of duty will be 8.5 percent ad valorem.

The applicable subheading for styles 21-24 and 22-14 will be 5903.10.2090, HTS, which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyvinyl chloride, of man-made fibers, over 70 percent by weight of plastics. The duty rate is 4.2 percent ad valorem.

The applicable subheading for style 22-11 will be 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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