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NY 860237

FEB 25 1991

CLA-2-40:S:N:N3H:350 860237


TARIFF NO.: 4010.99.1590; 9817.00.6000

Mr. Jeff Gillis
Artemis Kautschuk-und Kunstoff-Technik
Rothwiese 4, P.O. Box 730451
3000 Hanover 71 (Anderten)

RE: The tariff classification of conveyor belting for use in agricultural harvesting machinery, from Germany.

Dear Mr. Gillis:

In your letter dated February 6, 1991, on behalf of various customers in the United States, you requested a tariff classification ruling.

The instant samples consist of conveyor belting constructed with a three ply polyester/nylon man-made fiber carcass encased in rubber. This belting has been toothed or crenelated on one side and will be imported in widths ranging from 30mm (1.18") to 120mm (4.72") and pitches ranging from 20mm (.79") to 60mm (2.36"). Two holes are punched in the area between each tooth. The approximate overall thickness of the belting varies from 10 - 16mm. Your letter states that the part numbers for this belting run from 7003000000 to 7012012998, depending upon pitch and width. The belting will be imported on spools of 10 units each. Each unit or length is 100 meters long. After importation, two parallel lengths of this belting will be cut to size and joined by metal cross bars forming a complete conveyor belt that will be incorporated into the vegetable harvesting machine that it was designed for. Each machine will have several of these types of belts. The vegetable harvesting machines themselves are classifiable under HTS heading 8433.

The applicable subheading for this belting will be 4010.99.1590, Harmonized Tariff Schedule of the United States (HTS), which provides for conveyor or transmission belts or belting, of vulcanized rubber, combined with textile components in which man-made fibers predominate by weight over any other single textile fiber, other than power transmission belts or belting. The rate of duty will be 8 percent ad valorem.

A special classification provision under heading 9817.00.6000, duty free, covers parts to be used in articles provided for in headings 8432, 8433, 8434 and 8436, whether or not such parts are principally used as parts of such articles and whether or not covered by a specific provision within the meaning of additional U.S. rule of interpretation 1 (c). The subject belting qualifies for such duty free consideration.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).


Jean F. Maguire
Area Director

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