CLA-2-59:S:N:N3H:350 857656

5910.00.1030

Ms. Maria B. Dunn
F.X. Coughlin Co.
1902 Providence Court
College Park, GA 30337

RE: The tariff classification of various belts for use in micro reader/sorter machines which are commonly found in business offices, from Japan.

Dear Ms. Dunn:

In your letter dated October 15,1990, on behalf of Dataplex Information Services, you requested a tariff classification ruling. Ten samples were submitted. Your correspondence did not provide any specific information as to the actual use or component composition of the sundry belts that you intend to import. Extrapolating from their respective constructions, bench tests and code designations stamped om some of the belts, we have made the following determinations:

Group A This group consists of styles C5- 22780, C5-22320, C5-22280, C5-22310, C5-22270 and C5-12250 which are endless synchronous belts of transluscent light brown plastic with polyester cords. These belts are endless and measure about 4 millimeters in width.

Group B

This belt (style C5-21680) consists of an endless flat power transmission belt composed of plastic and textile cords. It measures about two inches in width.

Group C

This belt (style C5-25820) consists of an endless flat power drive belt composed of rubber and textile (believed to be of man- made fibers) which measures about two centimeters wide.

Group D This group consists of styles C5- 22150 and C5-22160. These two are endless synchronous belts made of rubber and man-made fiber textile reinforcement. They both measure about one centimeter in width.

The applicable subheading for the belts in Group A will be 5910.00.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for transmission or conveyor belts or belting, of textile material, whether or not reinforced with metal or other material, of man-made fibers, power transmission belts and belting, synchronous belts. The rate of duty will be 8 percent ad valorem. The belt in Group B falls in item 5910.00.1030, HTS, with duty also at 8 percent ad valorem. The belt in Group C is classifiable in HTS item 4010.99.1520 under the provision for conveyor or transmission belts, of vulcanized rubber, combined with textile materials, with textile components in which man-made fibers predominate by weight over any other single textile fiber, power transmission belts, other, dutiable at the rate of 8 percent ad valorem. Finally, the two belts in Group D fall in item 4010.99.1510, HTS, ... synchronous belts, with duty also at 8 percent ad valorem .

Please be advised that belts used in power transmission from Japan are subject to additional dumping duties as part of an ongoing investigation. Such belts are also required to be marked with the country of origin.

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport