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NY H89395




March 22, 2002

CLA-2-59:RR:NC:TA:350 H89395

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.10.2090; 5903.10.2500; 5903.20.2000

Mr. Charles M. Watson
R.L. Swearer Company Inc.
115 McLaughlin Road
Moon Township, PA 15108-3819

RE: The tariff classification of five styles of conveyor belting materials used to make conveyor belts used in package and food handling applications, from Spain.

Dear Mr. Watson:

In your letter dated March 12, 2002, and subsequent Fax of March 19, 2002, on behalf of Ammeraal Beltech Inc., Carmichaels, PA, you requested a tariff classification ruling.

Five representative samples were submitted which were identified as item #’s 525129, 525657, 526311, 526302 and 512671, respectively.

We note per a recent telephone conversation with your office concerning an earlier ruling (NY 87576) that all of these belting materials will be imported in various continuous lengths for further fabrication into finished conveyor belts after their importation into the United States. The end uses of these belts will be for such things as package handling as well as certain postal mail and food handling applications. Production widths vary and can be up to 3,000 millimeters wide.

The first item, article 525129, is a conveyor belting material measuring 2.7 mm in overall thickness. It consists of four distinct layers: a soft compact PVC top surface layer laminated to a three-part component composed of a PVC layer or ply laminated between two woven plies of polyester man-made fibers. You indicate that this material is 80% PVC/20% polyester man-made fibers, by weight. In addition, fine carbon fiber filaments, spaced about 2.5 mm apart are longitudinally positioned between the top layer and under plies for antistatic properties.

The second item, article 525657, is a conveyor belting material measuring 2.6 mm in overall thickness. It also consists of four distinct layers: a top surfaced compact PVCF layer laminated to a three-part component composed of a PVC layer or ply laminated between two woven plies of polyester man-made fibers. You indicate that this material is 80% PVC/20% polyester man-made fibers, by weight. The “F” indicates suitable for use in food applications.

The third item, article 526311, is a conveyor belting material measuring 1.30 mm in overall thickness. It consists of three distinct layers, i.e., a compact PVC layer sandwiched between two woven plies of polyester man-made fibers. You indicate that the material is 70% PVC/30% polyester man-made fibers, by weight.

The fourth item, article 526302, is a conveyor belting material measuring 1.90 mm in overall thickness. It consists of four distinct layers: a hard compact PVC top surfaced layer laminated to a three-part component composed of a PVC layer or ply laminated between two woven plies of polyester man-made fibers. You indicate in your recent Fax (noting a typo in your earlier letter) that this material is 75% PVC/25% polyester man-made fibers, by weight. In addition, fine carbon fiber filaments, spaced about 2.5 mm apart are longitudinally positioned between the top layer and under plies for antistatic properties.

The fifth and final item, article 512671, is a conveyor belting material measuring 1.80 mm in overall thickness. It consists of five distinct layers: a top surfaced hard compact PVC layer laminated to a three part component composed of another PVC layer laminated between two woven plies of polyester man-made fibers. Additionally, there is another woven layer on the posterior surface composed of polyester man-made fibers.

The materials of all the listed styles are intended for use as conveyor belts and not for power transmission. Further, Chapter 59, note 6, Heading 5910- does not apply to: (a) Transmission or conveyor belting, of textile material, of a thickness of less than 3 mm.

The applicable subheading for articles 525129, 525657 and 512671 will be 5903.10.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyvinyl chloride, of man-made fibers, over 70 percent by weight of rubber or plastics. The duty rate is 0.8 percent ad valorem.

The applicable subheading for article 526311 will be 5903.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyvinyl chloride, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate is 7.7 percent ad valorem.

The applicable subheading for article 526302 will be 5903.20.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyurethane, of man-made fibers, over 70 percent by weight of rubber or plastics. The duty rate is 0.8 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 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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