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NY E88260




October 19, 1999

CLA-2-E88260:RR:NC:TA:350 E88260

CATEGORY: CLASSIFICATION

TARIFF NO.: 4010.12.9000

Mr. Robert P. Keneally
Tower Group International
150 Eastern Avenue
Chelsea, MA 02150-3352

RE: The tariff classification of a conveyor system belt, from Germany.

Dear Mr. Keneally:

In your letter dated September 30, 1999, on behalf of Svedala Industries Canada Inc., you requested a classification ruling.

The subject belt, identified as “Flexowall,” and, as described in your literature in addition to a recent telephone conversation with your office, consists of three basic components. A horizontal base belt of vulcanized rubber with a woven polyester man-made fiber carcass. Corrugated sidewalls composed of vulcanized rubber. If under five inches, the sidewalls are of only rubber. If over five inches, they are reinforced with steel. And, the third component, rubber cross cleats that prevent material from sliding backwards. This belt is stated to measure 42 inches wide and 172 feet in length.

Your literature goes on to indicate that these particular kind of belts are designed for horizontal, inclined and vertical transport of all types of bulk materials, from coal, ore, sand or rock to fertilizer and grain.

The classification of this ruling addresses only the belt with less than five inch sidewalls. The applicable subheading for the belt will be 4010.12.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for conveyor belts or belting, reinforced only with textile materials, combined with a single textile material, other. The duty rate will be 1.9 percent ad valorem.

Conveyor belts are not within the scope of additional dumping duties.

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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