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NY 809504

May 9, 1995

CLA-2-40:S:N:N6:350 809504


TARIFF NO.: 4010.99.1100

Mr. Robert L. Follick
Follick & Bessich, P.C.
225 Broadway, Suite 500
New York, NY 10007

RE: The tariff classification of a "pull down belt", conveyor type, for use in the manufacture of snack food packaging, from Italy.

Dear Mr. Follick:

In your letter dated April 18, 1995, and facsimile messages of April 27, and May 4, 1995, on behalf of Rainbow Industrial Products Corp., you requested a tariff classification ruling.

The submitted sample consists of an industrial pull down belt for use in the manufacture of plastic snack food packaging. The belt, which is closed loop, measures about 8 inches in diameter, approximately 1.5 inches in width (3.7cm) and 1/4 inch in overall thickness. Information from the manufacturer indicates that the belt is composed of 64% rubber, 24% cotton fabric and 12% nylon, by weight. The cotton portion consists of three tension member plies running through the belts center and the notched inner portion of the belt contains a nylon facing designed to prevent unintended movement or slippage of the belt during the manufacturing process which might be caused by fragments or pieces of foods which are tossed during the bag filling operation as the extruded plastic is pulled down. You write that the belt is constructed of a natural rubber compound exterior, the surface of which is specifically treated to grab and hold the bag. The purpose of this belt is to move, and in effect, convey the film which creates the bag which would hold such things as pretzels or chips, etc.

You suggest classification under subheading 4010.91.1100, which covers belts and belting exceeding 20cm in width, however, the furnished sample does not exceed this measurement and there is no indication that belting sleeves will be imported.

The applicable subheading for the belt, will be 4010.99.1100, Harmonized Tariff Schedule of the United States (HTS), which provides for conveyor or transmission belts or belting, of vulcanized rubber, of a width not exceeding 20cm, combined with textile materials, with textile components in which vegetable fibers predominate by weight over any other single textile fiber. The rate of duty will be 4.9 percent ad valorem.

As a belt used for conveyance and being a product of Italy, this commodity would not be subject to the ongoing Anti-dumping investigation (A-475-802). Your sample will be returned as requested.

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
New York Seaport

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