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HQ 084766


September 9, 1989

CLA-2 CO:R:C:G 084766 TLS

CATEGORY: CLASSIFICATION

TARIFF NO.: 5910.00.1000

Mr. Willi Fuellemann
Brecoflex Corp.
P.O. Box 829
42 Surrey Lane
Eatontown, New Jersey 07724

RE: Industrial belting to be used for conveyor belting

Dear Mr. Fuellemann:

You request a ruling on the proper classification of industrial belting under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Your letter dated May 12, 1989 has been referred to our office for this purpose.

FACTS:

The belting consists of one layer of woven polyester fabric with the fabric on one surface and a visible plastic layer on the other surface. It comes in varying lengths and widths and is more than 3 mm in thickness. Plastic teeth are attached to the belting, making it suitable for use as a conveyor belt. This type of belting is referred to as profile belting, the profile being the various attachments available to be fitted onto the belting itself.

ISSUE:

How is the belting properly classified under the HTSUSA.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI) govern the classification of articles under the HTS. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. Heading 5910 covers transmission or conveyor belts or belting, of textile material, whether or not reinforced with metal or other material. Chapter note 6 (a) of chapter 59 states that heading 5910 does not apply to transmission or conveyor belting, of textile material, of a thickness of less than 3 mm. The belting is a
conveyor belt, having profiles attached to it. It is reinforced with steel, which is imbedded in the plastic side of the belting. The profile belting is more than 3 mm thick. Thus, it is properly classifiable under 5910.

HOLDING:

The profile belting is classified under subheading 5910.00.1000, HTSUSA, as conveyor belting, of nylon fibers, reinforced with steel.

This ruling letter pertains only to the classification of the subject articles under the HTSUSA. The Customs Service does not have authority to rule on the applicability of antidumping or countervailing (AD/CVD) duties to these articles. The Department of Commerce has jurisdiction over such matters and therefore is the appropriate forum to address the AD/CVD issue.

Sincerely,

John Durant, Director

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