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NY 895171




March 28, 1994

CLA-2-39:S:N:N6:350 895171

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.5700; 3926.90.6010; 5910.00.1020

Mr. Charles M. Watson
R.L. Swearer Company, Inc.
115 McLaughlin Road
Coraopolis, PA 15108

RE: The tariff classification of five timing belts. The three green belts originate from Germany and the two white belts will be imported from Italy.

Dear Mr. Watson:

In your letter dated February 25, 1994, on behalf of Burrell-Leder Beltech, Inc., you requested a tariff classification ruling. You indicate that the manufacturer is Bode-Leder Beltech GmbH which we assume has manufacturing plants in both Germany and Italy. Your letter failed to mention or identify the type of machines that these belts will be used on and you did not indicate any style or quality numbers for these belts.

You request a tariff classification on what you describe as five timing belts and, as such this ruling will be predicated upon the fact that these are closed loop belts, endless, etc., and that you will not be importing belting in lengths to be further manufactured into belts after importation into the United States.

The first two belts (1 & 2) we wish to address are the white and green timing belts measuring about 1.25" in width. Both belts are made of polyurethane plastic, are of a notched construction and contain tensile cords of man-made fibers running through them. The green belt differs slightly from the white belt in that it contains additional plastic reinforcement on the its under surface.

The next two belts (3 & 4)are the white and green notched belts which are also composed of polyurethane plastic and measure about 1.25" in width. These two belts contain steel tensile cords running through them for reinforcement.

The fifth and final belt (5) is the green notched timing belt composed of polyurethane plastic having tensile cords of man-made fibers running through it. Additionally, this belt contains a textile fabric laminated to both sides which is presumed to be of man-made fibers.

The applicable subheading for the first two belts (1 & 2) will be 3926.90.5700, Harmonized Tariff Schedule of the United States (HTS), which provides for ... belts, for machinery, containing textile fibers, with textile components in which man-made fibers predominate by weight over any other textile fiber. The rate of duty will be 8 percent ad valorem.

The applicable subheading for the second two belts (3 & 4) will be 3926.90.6010, HTS, which provides for ... belts, for machinery, not containing textile fibers, synchronous belts. The duty rate is 4.2 percent ad valorem.

The applicable subheading for the fifth and final belt (5) will be 5910.00.1020, HTS, which provides for transmission or conveyor belts..., of textile material..., power transmission belts..., synchronous. The duty rate is 8 percent ad valorem.

Please be advised that the two white timing belts to be imported from Italy are subject to an ongoing Anti-Dumping investigation.

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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