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NY 872615


Apr. 13, 1992

CLA-2-84:S:N:N1:103 872615

CATEGORY: CLASSIFICATION

TARIFF NO.: 8431.39.0010; 9817.00.6000

Mr. Doug Sutherland
Durabelt Inc.
P.O. Box 1120
Montague, P.E.I., Canada C0A 1R0

RE: The tariff classification of Durabelt belted chain from Canada

Dear Mr. Sutherland:

In your letter dated March 13, 1992 you requested a tariff classification ruling.

Literature submitted with your inquiry refers to the Durabelt as a belted chain or a conveyor belt. It is used in the conveyor sections of agricultural harvesting and handling machinery for transporting vegetable produce of all kinds. The Durabelt basically consists of an assembly of narrow lengths of belting, spring steel rods, plastic tubing and molded urethane flights. The belting, which is made of rubber reinforced with four layers of polyester and polyamide fabric, forms the outer sides of the web. Numerous spring steel rods are fastened between the belts by means of rivets and malleable cast iron clips (on very wide webs a third strip of belting runs down the center of the web for added support). Gaps between the rods allow dirt and debris to be separated from the vegetables as they are carried along by the web. Soft plastic tubing is fitted over the rods to prevent bruising of the vegetables, and urethane flights are attached periodically to prevent the vegetables from rolling back down the belt when it is positioned on an incline. The webs formed from these components can vary in width from 1 to 8 feet and in length from a few feet to over 100 feet. The assembled web is shipped in rolls and is installed on a particular machine either by splicing the belt ends together or by using metal joining clips.

The applicable subheading for the Durabelt web will be 8431.39.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts suitable for use solely or principally with elevators and conveyors. The duty rate will be 2 percent ad valorem.

Goods classifiable under subheading 8431.39.0010, HTS, which have originated in the territory of Canada, will be entitled to a .4 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Alternatively, Durabelt belted chain is classifiable in subheading 9817.00.6000, HTS, a duty-free provision for parts to be used in articles provided for in HTS headings 8432, 8433, 8434, and 8436 (including harvesters), whether or not such parts are principally used as parts of such articles and whether or not covered by a specific HTS provision within the meaning of additional U.S. Rule of Interpretation 1(c), provided the requirements of Sections 10.131-10.139 of the Customs Regulations are met.

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.

Sincerely,

Jean F.
Maguire

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