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NY A89814




December 19, 1996

CLA-2-59:RR:NC:TP:350 A89814

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.20.2500

Mr. Gene N. Hobson
Belting Industries Co., Inc.
20 Boright Avenue
P.O. Box 310
Kenilworth, NJ 07033-0310

RE: The tariff classification of textile/plastic belting material (T 5), from Germany.

Dear Mr. Hobson:

In your letter dated November 21, 1996, you requested a tariff classification ruling.

While you indicate in your letter that there have been prior shipments, we are treating this inquiry, as discussed with the NIS, as prospective in nature.

You state that the subject belting material, referred to as T 5, is 25 mm wide and is a maximum of 2.7 mm thick. The synchronous belting consists of a core of polyurethane plastic (2.5 mm) with steel cable longitudinally imbedded across its width. One ply each of woven nylon textile fabric covers the top and bottom surfaces for the remaining thickness. The inner surface or sheave side is uniformly notched (toothed) or crenelated. You indicate that this belting material will be imported in coils measuring 100 meters in length. This belting must be die-cut and melted together or have metal fasteners attached to the ends to form a belt. Per a recent telephone conversation, you provided us with the following weight specifications expressed in percentages:

PU plastic: 68.9%
Nylon fabric: 14.5% Stainless steel wire: 16.6% Total: 100%

The belt will be used both as a conveying surface for trays filled with parts on assembly lines and simultaneously function as a synchronous timing belt in this conveyor system.

The tariff language to Chapter 59, specifically, Chapter 59, note 6(a) excludes belting less than 3 mm in thickness from classification in heading 5910. The Explanatory Notes to the HTS direct that such non qualifying material be classified as material under an appropriate Heading, in this case, Heading 5903.

The applicable subheading for the product, therefore, 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 rubber or plastics. The rate of duty will be 8.3 percent ad valorem. Effective January 1, 1997, the duty rate will be 8.2 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-466-5884.

Sincerely,

Roger J. Silvestri
Director

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