NY 889104 - The tariff classification of two conveyor belts from Italy and one synchronous belt made in the U.S.A. - United States International Trade Commision Rulings

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NY 889104

August 12, 1993

CLA-2-40:S:N:N6:350 889104

CATEGORY: CLASSIFICATION

TARIFF NO.: 4010.99.1510; 4010.99.1590

Ms. Julia Gross
Danzas Corporation
4794 Finlay Street, Suite 2
P.O. Box 38010
Richmond, VA 23231

RE: The tariff classification of two conveyor belts from Italy and one synchronous belt made in the U.S.A.

Dear Ms. Gross:

In your letter dated August 4, 1993, on behalf of G.D. Package Machinery Inc., you requested a tariff classification ruling. You state that these belts are manufactured by Habasit of Italy.

The first belt, identified as style HABASIT HAT8P and Part No. OP 1479, is, according to the specification sheet, 90mm in width and 1.5mm in thickness and consists of a conveyor type belt which is composed of a ply or core of woven Polyamide (nylon) textile fabric, a conveying side of Acrylo- Nitril Butadiene Rubber and a running side composed of cross linked polyurethane.

The second belt, identified as style HABASIT TU-6 and Part No. OX 7580, consists of a conveyor type belt measuring 35mm in width and 1.0mm in thickness. Your correspondence indicates that the belt contains a woven polyamide (nylon) textile core, an Acrylo-Nitril Butadiene Rubber conveying side and running side composed of cross linked polyurethane.

The third and final belt, identified as style GOODYEAR TYPE H, is described in the furnished literature as a positive drive belt with "precision molded teeth to deliver the synchronized power you need". The belt is composed of compounded rubber which has been reinforced with fiberglass tension cords and faced with woven nylon textile fabric. The data sheet lists this item as Part No. OP 1761 and gives the measurements as 25.4mm wide with the maximum thickness as 4.4mm.

Although it is indicated that this belt is made in the United States, which could qualify it as American Goods Returned, such a belt is considered synchronous. Such synchronous belts are classified under subheading 4010.99.1510.

The applicable subheading for style GOODYEAR TYPE H will be 4010.99.1510, Harmonized Tariff Schedule of the United States (HTS), which provides for conveyor or transmission belts or belting, of vulcanized rubber, combined with textile materials, with textile components in which man-made fibers predominate by weight over any other single textile fiber, power transmission belts or belting, synchronous belts. The rate of duty will be 8 percent ad valorem.

The applicable subheading for styles HABASIT HAT8P and HABASIT TU-6, will be 4010.99.1590, HTS, which provides for conveyor or transmission belts or belting, of vulcanized rubber...other than power transmission. The rate of duty is 8 percent ad valorem.

Because style GOODYEAR TYPE H is a synchronous belt used for power transmission, this type of belt is subject to additional antidumping duties, if a product of Italy. There are no present constraints on the other two belts.

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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