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NY D82179




October 5, 1998

CLA-2-52:RR:NC:TA:352 D82179

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.10.0090; 7019.40.9060

Ms. Brenda Monteith
Panalpina, Inc.
310 Interstate Blvd
Greenville, SC 29615

RE: The tariff classification of glass fiber and man-made fiber woven fabric used as belting for machinery from France.

Dear Ms. Monteith:

In your letter dated September 10, 1998, on behalf of your client Louis P. Batson Company, you requested a tariff classification ruling.

The submitted samples are woven fabrics which will be used in the production of conveyor belts. The first, designated as style TAMIP C 498, is a woven fabric made from 100% polyester monofilament. The monofilament has a diameter of .45 millimeters and meets the dimensional requirements to be considered textile monofilament. This fabric contains 16 monofilaments per centimeter in the warp and 14 monofilaments per centimeter in the filling. Weighing approximately 720 g/m, it will be imported in widths ranging between 100 and 600 centimeters. Your correspondence indicates that this product has been constructed using high tenacity yarns.

Style TAMIP GT 40 is a glass fiber woven fabric which has been leno woven. This product has been constructed using glass fiber rovings. It has been coated with PTFE plastic which weighs 14 g/m2. The fabric weighs 450 g/m2, and will be imported in widths ranging between 100 and 400 centimeters. The essential character of this fabric has been imparted by the glass fiber.

The applicable subheading for the woven fabric, designated as style TAMIP C 498, will be 5407.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters, other. The rate of duty will be 15.6 percent ad valorem.

The applicable subheading for glass fiber woven fabric style TAMIP GT 40 will be 7019.40.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), woven fabrics of rovings, other, colored, other, other. The rate of duty will be 9.5 percent ad valorem.

You have not provided enough information for us to issue a ruling on the fabric designated as style TAMIP HT 500 N. In order to issue a ruling on this product, you must identify the coating that has been applied to the gimped filling yarns. Identify this coating by generic name or names if it is a combination of substances. In addition, indicate whether the coating was applied to the yarn prior to gimping or after gimping. When you obtain this information you may resubmit your request for a ruling for this item. Please resubmit all the information including the sample if you decide to request a ruling on this item.

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 Alan Tytelman at 212-466-5896.

Sincerely,

Robert B. Swierupski
Director,

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