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NY I80303




April 17, 2002

CLA-2-59: RR: NC: TA:350 I80303

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.10.2090; 5910.00.1090

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 handling and treadmill applications, from Spain.

Dear Mr. Watson:

In your letter dated April 9, 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 512174, 513283, 513453, 513644 and 525105.

We note per a recent telephone conversation with your office 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 handling and treadmill applications. Production widths vary and can be up to 3,200 millimeters wide.

The first item, article 512174, is a conveyor belting material measuring 2.7 mm in overall thickness. It consists of four distinct layers: a rough embossed top surface of PVC laminated to a three-part component composed of a PVC layer or ply laminated between two woven plies of textile material. You indicate that the material is 72% PVC/20% polyester/8% cotton, by weight, respectively. 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 513283, is conveyor belting material measuring 3.6 mm in overall thickness. It consists of seven distinct layers: four layers or plies of polyvinyl chloride plastics sheeting alternating between three layers of polyester woven fabric. The top and bottom layers consist of smooth PVC plastics. You indicate that this material is 75% PVC/25% polyester man-made fibers, by weight.

The third item, article 513453, is a conveyor belting material measuring 7.6 mm in overall thickness. It consists of four distinct layers: a relatively substantial, “saw tooth” wedged top surfaced PVC 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 87% PVC/13% 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 fourth item, article 513644, is a conveyor belting material measuring 2.1 mm in overall thickness. It consists of four layers: a diamond pattern embossed top surface PVC layer laminated to a three-part component composed of a white PVC layer laminated between two woven textile plies of polyester man-made fibers. You indicate 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. This belting material will be manufactured into a finished treadmill belt.

The fifth and final item, article 525105, is a rough top conveyor belting material measuring 5.3 mm in overall thickness. It consists of four distinct layers: a typical “rough top” patterned top surface of PVC 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 85% PVC/15% polyester man-made fibers, by weight.

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 513283, 513453 and 525105 will be 5910.00.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for transmission or conveyor belts or belting, of textile material, whether or not reinforced with metal or other material, of man-made fibers, other than power transmission belts and belting. The rate of duty will be 4.8 percent ad valorem.

The applicable subheading for articles 512174 and 513644 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.

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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