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NY F82155

January 24, 2000

CLA-2-40:RR:NC:TA:350 F82155


TARIFF NO.: 4010.19.9000

Ms. Sharon Woods
Cargo Brokers International, Inc.
P.O. Box 45427
Atlanta, GA 30320

RE: The tariff classification of cross belts/condenser aprons for use on a sliver machine, from Germany.

Dear Ms. Woods:

In your letter dated January 17, 2000, on behalf of Colin Cottingham & Co., Inc., you requested a classification ruling.

The subject belts, according to a recent telephone conversation with Mr. Cottingham, are composed of 100% rubber and do not contain any textile or other type of tensile member, cord, wire or reinforcing member internally or externally. No sample or part number was provided. However, from the color photographs and short video tape furnished, the belt appears to be four feet in circumference and about 4 inches in width. According to your correspondence, these belts serve to compress the sliver as it comes off the Doffer cylinder in order to run through the first trumpet in the delivery box. Specifically, the sliver is pulled into the “sliver can” by the coiler which lays the sliver in circular coils into the can and pulls the sliver through a series of two trumpets. The two grooved pulleys which drive the aprons in question are belt driven from under the delivery system of the card. They are driven as opposed to be driving, and, therefore are considered to be conveyor as opposed to drive or power transmission belts.

The applicable subheading for the product will be 4010.19.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for conveyor belts or belting, other, not reinforced or combined with any other materials. The duty rate will be 3.3 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 212-637-7085.


Robert B. Swierupski

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