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January 11, 1999

CLA-2-39:RR:NC:TA:350 D86336

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.2900

Ms. Helen I. Sugar
BCB International Inc.
1245 Niagara Street
Buffalo, NY 14213-1501

RE: The tariff classification of conveyor belting for use in the baking and food processing industries, from Italy.

Dear Ms. Sugar:

In your letter dated December 22, 1998, on behalf of Sampla Belting North America LLC, Orchard Park, NY, you requested a tariff classification ruling.

A small representative sample was furnished and identified as style X517 SL200FF.

This letter is to address prospective transactions.

The subject belting consists of two plies of woven polyester fabric and a polyurethane plastics core center with white polyurethane plastic skin coating on both sides. The furnished data sheet indicates the weight of this style to be 1.5 kg/m². Your letter indicates the belting is 56.7% textile and 43.3% PU plastic, by weight, respectively. This material will be imported as roll goods 85 inches in width and 300 meters long and having a 1.4 mm thickness. This material will be further cut to size after importation.

Since this product is being imported as belting under 3 mm in thickness, heading 5910 is not applicable. Additionally, your suggested classification in subheading 3921.13.1959 is for textile fabric combined with cellular plastic. All plastic components of this product are of a compact nature, thus invalidating consideration in 3921.13. However, since the belting is under 3 mm in thickness and is covered on both sides with plastic, the applicable subheading for the product will be 3921.90.2900, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, other than celllular, combined with a single textile material, other, weighing more than 1.492 kg/m². The rate of duty will be 4.4 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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