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NY K85179




April 22, 2004
CLA-2-59:RR:NC:TA:350 K85179

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.0080

Ms. Heather Frasche
CPS & Associates, Inc.
1 Hollywood Avenue, Bldg. 18
HoHoKus, NJ 07423

RE: The tariff classification of a textile scrub roller cover, for use on a Plate Processing Machine, from the United Kingdom.

Dear Ms. Frasche:

In your letter dated April 8, 2004, you requested a tariff classification ruling.

The instant sample, identified as part #’s 050071, consists of cylindrical scrub roller cover which is composed of a knit pile fabric, which, in its lay flat condition, measures about 2½" in width and 5" in length. This cover is designed to be slipped over a roller on a Plate Processing Machine where it is effective in preventing the numerous plates passing through from being scratched. You provided literature and a brochure indicating that such covers are used on, among others, a Unigraph Quartz Plate Processing Machine.

In your letter, you make reference to tariff subheading 8443.90.9000, and indicate that classification, therein, is the current thinking of UPS Customs Brokerage. We note, that since these roller covers are of a textile material and are considered to be of a technical use, they are excluded from consideration under heading 8443 by virtue of Section, XVI, note 1(e) which reads “this section does not cover transmission or conveyor belts of textile material (heading 5910) or other articles of textile material for technical uses (heading 5911).”

As such, the applicable subheading for the product will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products and articles, for technical uses. The rate of duty will be 3.8 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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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