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NY I82883




June 14, 2002

CLA-2-59: RR: NC: TA:350 I82883

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 four styles of conveyor belting material used to make conveyor belts used in package handling and sundry other conveyance applications, from Spain.

Dear Mr. Watson:

In your letter dated May 30, 2002, on behalf of Ammeraal Beltech Inc., Carmichaels, PA, you requested a tariff classification ruling.

Four representative samples were submitted which were identified as item #’s 512137, 513683, 513389 and 512410.

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 Ammeraal belts, in general, will be for diverse conveyance applications such as package and food handling as well as postal mail handling and treadmill belts. Production widths vary and can be up to 3,000 millimeters wide.

The first item, article 512137, is a conveyor belting material measuring 6.5 mm in overall thickness. It consists of six distinct layers: three layers or plies of compact polyvinyl chloride plastics sheeting alternating between three layers of polyester woven fabric. The top layer consists of a relatively thick layer of PVC plastic while the bottom layer is a woven polyester textile fabric. You indicate that this material is 90% PVC/10% polyester man-made fibers, by weight, respectively.

The second item, article 513683, is conveyor belting material measuring 1.5 mm in overall thickness. It consists of a rough embossed compact PVC top layer laminated to a woven textile fabric composed of polyester man-made fibers. You indicate that this material is 83% PVC/17% polyester man-made fibers, by weight.

The third item, article 513389, is a conveyor belting material measuring 2.6 mm in overall thickness. It consists of four distinct layers: a top compact PVC layer which is embossed with a geometric design that is laminated to a three-part component composed of a compact PVC layer that is sandwiched between two woven textile layers composed 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 fourth and final item, article 512410, is a conveyor belting material measuring 2.7 mm in overall thickness. It consists of four layers: a longitudinally embossed top surface PVC layer laminated to a three-part component composed of a compact PVC layer that is sandwiched between two woven textile layers composed 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 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 article 512137 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 513683, 513389 and 512410 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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