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NY A87616

October 8, 1996

CLA-2-59:RR:NC:TP:350 A87616


TARIFF NO.: 5903.90.2000; 5903.90.2500; 5910.00.1090.

Mr. Manfred F. Reichel
Semperit Industrial Products, Inc.
220 Kinderkamack Road, Suite B
Westwood, NJ 07675-3601

RE: The tariff classification of conveyor belting designed for use in food processing and packaging, from either England, Germany, the Netherlands or Italy.

Dear Mr. Reichel:

In your letter dated September 11, 1996, you requested a tariff classification ruling.

Your letter indicates that this belting will be used to carry food products, from processing to packaging, on conveying equipment from point A to point B. Additionally, you state that the widths of this belting will range from 20" to 72" and the gauge will vary from 1/32" to 3/8".

The three representative samples submitted, consist of belting materials composed of varying amounts of plastic (either polyurethane, PVC or crosslinked polyethylene as well as nylon film or sheet) and woven textile plies of man-made fiber (either of a polyester warp and nylon fill or all polyester or all nylon). We note, from a telephone conversation with your office, that this belting will be imported in 500 - 1,000 foot lengths to be cut and spliced after importation to custom fit the various machinery for which it was designed.

Style XLUEP, measures approximately 1 mm in overall thickness and is constructed with a center core of plastic film or sheet, presumed to be of nylon. The core is sandwiched between two, single woven outer layers or plies of man-made fiber textile material. The respective weights of the textile and plastic components were not furnished.

Styles XL30 and XL40 are of the same construction to each other except in thickness. Style XL30 measures approximately 3.25 mm in thickness and XL40 is 4 mm thick.

Each is constructed with a center core of a nylon plastic film or sheet sandwiched between single woven plies of man-made fibers. A layer or ply of either PVC or polyurthane plastic covers both textile plies and form the outer surfaces of the belting. These surfaces have been lightly embossed with a mesh or textile effect. The overall thickness of the belting is determined by the thickness of the outer plastic elements.

All of the belting types are made up of woven textile fabric and plastic components. Since the goods in question are all belting, this would exclude any consideration under the HTS subheading of 3926.90, which covers made up or finished belts not containing any textile fabric plies.

Heading 5910..00 provides for:
Transmission or conveyor belts or belting, of textile material, whether or not impregnated, coated, covered or laminated with plastics, or reinforced with metal or other material:

Chapter 59 note 6. (a) reads in part:
6. Heading 5910 does not apply to:

(a) Transmission or conveyor belting, of textile material, of a thickness of less than 3 mm;

The Explanatory Notes to this Heading direct that such belting (less than 3 mm thick) be classified as material in the piece: In accordance with Chapter Note 6, belting of a thickness of less than 3 mm is excluded; this remains classified in Chapters 50 to 55, as narrow woven fabrics (heading 58.06), as braids (heading 58.08), etc.

The applicable subheading for the style XLUEP, since it is less than 3 mm in thickness, is further predicated on the respective weights of the textile and plastic components. If over 70 percent by weight of plastic, the item number will be 5903.90.2000, Harmonized Tariff Schedule of the United States (HAS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, other (nylon). The rate of duty will be 3.4 percent ad valorem. If not over 70 percent by weight of plastic the applicable subheading will be 5903.90.2500. The rate of duty will be 8.3 percent ad valorem.

Styles XL30 and XL40, both being more than 3 mm in thickness, fall with tariff subheading 5910.00.1090, HTS, which provides for ... conveyor belts or belting, of textile material, whether or not impregnated, coated, covered or laminated with plastics ..., of man-made fibers. The rate of duty is 7.2 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-466-5884.


Roger J. Silvestri

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