CLA-2 CO:R:C:G 084766 TLS
Mr. Willi Fuellemann
Brecoflex Corp.
P.O. Box 829
42 Surrey Lane
Eatontown, New Jersey 07724
RE: Industrial belting to be used for conveyor belting
Dear Mr. Fuellemann:
You request a ruling on the proper classification of
industrial belting under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA). Your letter dated May 12, 1989
has been referred to our office for this purpose.
FACTS:
The belting consists of one layer of woven polyester
fabric with the fabric on one surface and a visible plastic
layer on the other surface. It comes in varying lengths and
widths and is more than 3 mm in thickness. Plastic teeth are
attached to the belting, making it suitable for use as a
conveyor belt. This type of belting is referred to as profile
belting, the profile being the various attachments available to
be fitted onto the belting itself.
ISSUE:
How is the belting properly classified under the HTSUSA.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI) govern the
classification of articles under the HTS. GRI 1 requires that
classification be determined according to the terms of the
headings and any relative section or chapter notes. Heading 5910
covers transmission or conveyor belts or belting, of textile
material, whether or not reinforced with metal or other material.
Chapter note 6 (a) of chapter 59 states that heading 5910 does
not apply to transmission or conveyor belting, of textile
material, of a thickness of less than 3 mm. The belting is a
-2-
conveyor belt, having profiles attached to it. It is reinforced
with steel, which is imbedded in the plastic side of the belting.
The profile belting is more than 3 mm thick. Thus, it is
properly classifiable under 5910.
HOLDING:
The profile belting is classified under subheading
5910.00.1000, HTSUSA, as conveyor belting, of nylon fibers,
reinforced with steel.
This ruling letter pertains only to the classification of
the subject articles under the HTSUSA. The Customs Service does
not have authority to rule on the applicability of antidumping or
countervailing (AD/CVD) duties to these articles. The Department
of Commerce has jurisdiction over such matters and therefore is
the appropriate forum to address the AD/CVD issue.
Sincerely,
John Durant, Director
Commercial Rulings Division