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June 4, 1999

CLA-2-59:RR:NC:TA:350 E82539

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.0080

Mr. Jack Kilmartin
Yamato Customs Brokers U.S.A., Inc.
377 Swift Avenue
South San Francisco, CA 94080

RE: The tariff classification of a friction brake belt or strap from Japan.

Dear Mr. Kilmartin:

In your letter dated May 12, 1999, on behalf of Strapack, Inc., you requested a classification ruling.

The “belt”, identified as Part No. 900-04-9002, is trapezoidal in cross section and is 46 cm long. Its outer side or top measures 1.7 cm wide while the belt measures 1 cm deep.

Your product is being returned as requested.

You write that the “belt” is an integral part of an automatic strapping machine, which is used by shipping companies to strengthen cartons with plastic strap. The item functions as a friction brake to stop a reel unit from turning when a desired amount of strap material has been played out. When the brake is applied, the drum makes contact with the “belt” stopping the drum’s rotation.

The “belt” is made of an unidentified woven fabric coated with rubber, rolled, molded in a trapezoidal cross section shape and vulcanized, with rubber on the outer surfaces. There is a continuous series of evenly spaced small holes drilled through the “belt” from the top or widest surface. Three of these holes, at one end, are enlarged to accommodate fasteners that fix the “belt” to the strapping machine. The small holes appear to be there to help disperse the heat of the braking action. Although the product has the appearance of a “V” belt in cross section, it does not function as a conveyor or power transmission belt for machinery. Its relative size compared with its length with the straight cut unfinished ends makes it unsuitable to be fashioned into a power driving machine “V” belt.

Because of the products textile and rubber construction and its function as a brake in a machine it is considered a textile article for technical use. The applicable subheading for the product will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products and articles, for technical uses. The duty rate will be 5.6 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 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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