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NY 880728




CLA-2-:S:N:N6:350 880728

CATEGORY: CLASSIFICATION

TARIFF NO.: 5910.00.1090

Mr. A.J. Spatarella
Kanematsu USA Inc.
114 West 47th Street-23rd Floor
New York, NY 10036

RE: The tariff classification of a conveyor belt for the transport of semiconductor wafers, from Japan.

Dear Mr. Spatarella:

In your letter dated November 25, 1992, you requested a tariff classification ruling.

The subject belt is identified as an "EPDM Belt with a Nylon Core". It measures 1.2mm in total thickness with the nylon film thickness being .25mm. The width of the belt is 9.4mm. You state that this belt is used as a conveyor for the transport of semiconductor wafers during the manufacturing and testing process and cannot be used for any other machine other than a wafer testing machine. Your description and cross section data indicate an EPDM (Ethylene Propylene Diene Monomer) layer on both surfaces with the nylon (plastic sheet) core in the middle. However, you failed to mention or indicate the presence of two plies of woven textile fabric that can be observed on each side of the nylon core. (Sandwiched between the top layer and the core). We will assume that the textile is of man-made fibers and will further assume that since the length is made to the customers order, that a finished, ready to use belt will be the imported item.

The applicable subheading for the belt will be 5910.00.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for transmission or conveyor belts or belting, of textile material, whether or not reinforced with metal or other material. The rate of duty will be 8 percent ad valorem.

Conveyor belts are outside the scope of certain ongoing Anti-dumping investigations.

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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