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NY C85703




April 3, 1998

CLA-2-59:RR:NC:TA:350 C85703

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.31.0080

Ms. Kristen M. Johnson
Cosmotec International Inc.
300 Long Beach Boulevard
Stratford, CT 06497

RE: The tariff classification of a technical use "belt" for a leather staking machine, from Italy.

Dear Ms. Johnson:

In your letter dated March 19, 1998, you requested a tariff classification ruling. The manufacturer is Baggio Technologies, Italy.

The product in question (article LIONE) is a thin, tightly knit fabric with the following fiber composition, by weight, and specifications:

40% Elastan
60% Polyamid
Weight: 320 g/m2
Width: 160 cm +/-5%

Because of the fiber content, the fabric exhibits a fair degree of stretch in both directions.

In your correspondence, you indicate that this staking machine is designed to soften and stretch leather. It is made of an elastic type material. The leather is pulled through (or between) an upper and lower belt on the staking machine. Located under these belts are plates and pins. As the leather passes through the plates and pins it continuously vibrates/bounces pushing through (and stretching) the belts, and therefore the leather. This makes it possible for the elastic type belt, combined with the constant vibrating/bouncing of the entire machine, to stretch and soften the leather.

In conversations with this office, you have indicated that this product will be imported as a closed loop, and that the staking machine employs an upper and lower "belt" with the leather sandwiched between the two while being processed in the machine. Although the item is described as a belt, it has a function that goes beyond that of a mere conveyor. Because of its design, composition and function in the machine, it aids in the softening and stretching of the leather being processed.

The applicable subheading for the product will be 5911.31.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products and articles, for technical use, textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines, ... weighing less than 650 g/m2. The rate of duty will be 6 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,

Robert B. Swierupski
Director,

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