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NY 801483

September 22, 1994

CLA-2-59:S:N:N6:350 801483


TARIFF NO.: 5910.00.1090

Mr. Hank Beesley
Hank Beesley & Associates Inc.
3911 Green Industrial Way
Chamblee, GA 30341

RE: The tariff classification of egg-conveyor belting (belt) from Korea.

Dear Mr. Beesley:

In your letter dated August 16, 1994, you requested a tariff classification ruling.

The egg conveyor belting that you inquire about is used exclusively in cage and breeder hen houses. The belt is of knit construction made from polyethylene man-made fiber textile yarns. The yarns of the material are completely encased in PVC plastic. You submitted a 3 and 3/4 inch wide sample. Three quarters of an inch in on each edge of the belt are of a close mesh knit, while the center portion is of a half inch mesh. You indicate that the belt will come in varying widths from 3 and 3/4 to 12 inches. We assume all widths will have somewhat of a similar configuration. These belts have been cut to widths from wide material and you also indicate that the belts will be imported cut to a specific length to correspond to the various nesting and caging machines that they are designed to fit.

Accordingly, this item is a conveyor belt classifiable as such under subheading 5910.00.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for ... conveyor belts or belting, of textile material, whether or not reinforced with metal or other material, of man made fibers. The rate of duty will be 8 percent ad valorem.

You requested classification under subheading 9817.00.60, HTS, which provides for parts to be used in articles provided for in headings 8432, 8433, 8434 and 8436. Such a classification would require that a part be actually used on a machine of one of the four headings named above. Egg conveyors are machinery that would not be included in this group. Therefore, classification under 9817.00.60 would not be possible. Hence classification is proper in the subheading provided above.

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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