United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1992 NY Rulings > NY 0863663 - NY 0864622 > NY 0864092

Previous Ruling Next Ruling

NY 864092

June 14, 1991

CLA-2-54:S:N:N3H:350 864092


TARIFF NO.: 5407.73.2060; 5806.32.2000; 3920.62.0000

Ms. Bridget Caldwell
WG Carroll Inc.
2 Whitaker Street, Suite 201
Savannah, Georgia 31402

RE: The tariff classification of a plastic strip and a woven fabric ("belts"), from Holland.

Dear Ms. Caldwell:

In your letter dated June 6, 1991, on behalf of Hostar, Inc., you requested a tariff classification ruling.

Two representative samples were submitted. The first item consists of a plastic mylar strip. While you have not indicated the exact type of plastics material, mylar generally refers to polyethylene terephthalate polyester. The second item is a woven fabric (webbing like material) having two fast edges and a green yarn running down the middle. This fabric is composed of 100 percent polypropylene man-made fibers (filaments). Your correspondence indicates that both of these materials will be imported in continuous lengths and widths of 4.5", 5", 8" and 12", respectively. You further state in your letter that both of these items are for use as belting in the agrilcultural industry and request classification in HTS item 9817.00.6000. Classification in this provision unfortunately, is not possible noting the fact that neither of these items appears to be in their imported condition, parts of machines that are classifiable in HTS subheading 8433.. Further, subheading 8433 specifies that such machines are used for the sorting and grading of eggs. We note, per a recent telephone conversation with this office that you specifically indicated that these "belts" were not for such end use.

The applicable subheading for the fabric, if imported in widths under 30cm (11.81 inches), will be 5806.32.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics, of man-made fibers, other than ribbons. The rate of duty will be 7 percent ad valorem. If imported in widths exceeding 30cm, classification would fall in item 5407.73.2060, HTS, which provides for woven fabrics of synthetic filament yarn, containing 85 percent or more by weight of synthetic filaments, of yarns of different colors, weighing more than 170 grams per square meter. The duty rate is 17 percent ad valorem.

The applicable subheading for the mylar film, if it is a polyethylene terephthalate, is 3920.62.0000, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials...of polyethylene terephthalate. The rate of duty is 4.2 percent ad valorem.

If the mylar is other than polyethylene terephthalate and you wish a ruling, please resubmit your request with the exact name of the plastics material. If a polyester, indicate whether it is saturated or unsaturated. If a blend of several plastics, show a breakdown by weight.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

Previous Ruling Next Ruling

See also: