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NY C82181

January 9, 1998

CLA-2-59:RR:NC:TA:350 C82181


TARIFF NO.: 5911.32.0080

Ms. Gayle Pike
Charles M. Schayer & Co.
3839 Newport Street
Denver, CO 80207

RE: The tariff classification of a continuous screening belt for use on a "Delkor Linear Screen" machine used in the mining industry, from South Africa.

Dear Ms. Pike:

In your letter dated November 18, 1997, on behalf of OSNA Equipment Inc., Denver, CO, you requested a tariff classification ruling. The supplier is GKD Buismet (PTY), Ltd., South Africa. A sample swatch was furnished.

The screen is woven from polyester textile monofilaments with, in this sample, a 200 mesh count, that is, 200 openings per square inch. The material was informally found to weigh 910 g/m2. The screen will be imported as a closed or continuous loop ready for installation in the "Delkor" screening machine. The machine is used in gold plant slurry screening operations to help remove wood fibers and other foreign objects from the slurry before it goes into the leaching tanks and other refining processes. A slurry of crushed ore is fed into a feed box which distributes it over the moving screen. The fine particles pass through the screen into a collection system while the oversized and foreign materials are carried to an oversize discharge chute. You believe that this screen should be classified under 8474.90.0010 as parts of machinery for screening ... washing ... ores and other mineral substances since it is part of the machine and the machine cannot function without the screen.

Heading 8474 is under Section XVI. Note 1, to this section reads, "This section does not cover: and 1(e) specifically excludes "Transmission or conveyor belts of textile material ... or other articles of textile material for technical uses (heading 5911);." The screen in question is a textile product for technical use.

The applicable subheading for the screen will be 5911.32.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for ... textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines, ..., weighing 650 g/m2 or more. The rate of duty will be 6 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


Robert B. Swierupski

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