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NY I84623




August 16, 2002

CLA-2-54:RR:NC:N3:351 I84623

CATEGORY: CLASSIFICATION

TARIFF NO.: 5404.10.8040, 6307.90.9889

Mr. Douglas G. McKenny
Norman C. Jensen, Inc.
P.O. Box 1439
395 Caswell Ave.
Derby Line, VT 05830

RE: The tariff classification of conveyor belt fabric and spiral polyester monofilament from Canada.

Dear Mr. McKenny:

In your letter dated July 25, 2002, you requested a ruling on tariff classification.

You submitted two samples. One is a blue polyester monofilament that has been crimped into a spiral. The monofilament does not exceed one millimeter in cross-sectional dimension; you state the dimensions will range between 0.4 mm and 1 mm.

The second item is a woven fabric, 2½” wide, with one selvedge (finished) edge and a plastic edging resembling the teeth of a zipper on the other edge. It appears that this fabric will be joined to another piece with complementary edging and fastened by the monofilament to create a conveyor belt.

The applicable subheading for the blue polyester monofilament, whether or not in spiral form, will be 5404.10.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic monofilament of 67 decitex or more and of which no cross-section dimension exceeds 1 mm, of polyester. The general rate of duty will be 7.1 percent ad valorem. This classification is for the monofilament imported separately, not attached to the fabric.

The applicable subheading for the woven fabric with the attached plastic edging will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The general rate of duty will be seven 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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