NY 860237
FEB 25 1991
CLA-2-40:S:N:N3H:350 860237
Mr. Jeff Gillis
Artemis Kautschuk-und Kunstoff-Technik
Rothwiese 4, P.O. Box 730451
3000 Hanover 71 (Anderten)
Germany
RE: The tariff classification of conveyor belting for use in
agricultural harvesting machinery, from Germany.
Dear Mr. Gillis:
In your letter dated February 6, 1991, on behalf of various
customers in the United States, you requested a tariff
classification ruling.
The instant samples consist of conveyor belting
constructed with a three ply polyester/nylon man-made fiber
carcass encased in rubber. This belting has been toothed or
crenelated on one side and will be imported in widths ranging
from 30mm (1.18") to 120mm (4.72") and pitches ranging from 20mm
(.79") to 60mm (2.36"). Two holes are punched in the area
between each tooth. The approximate overall thickness of the
belting varies from 10 - 16mm. Your letter states that the part
numbers for this belting run from 7003000000 to 7012012998,
depending upon pitch and width. The belting will be imported on
spools of 10 units each. Each unit or length is 100 meters
long. After importation, two parallel lengths of this belting
will be cut to size and joined by metal cross bars forming a
complete conveyor belt that will be incorporated into the
vegetable harvesting machine that it was designed for. Each
machine will have several of these types of belts. The
vegetable harvesting machines themselves are classifiable under
HTS heading 8433.
The applicable subheading for this belting will be
4010.99.1590, Harmonized Tariff Schedule of the United States
(HTS), which provides for conveyor or transmission belts or
belting, of vulcanized rubber, combined with textile components
in which man-made fibers predominate by weight over any other
single textile fiber, other than power transmission belts or
belting. The rate of duty will be 8 percent ad valorem.
A special classification provision
under heading 9817.00.6000, duty free, covers parts to be used in
articles provided for in headings 8432, 8433, 8434 and 8436,
whether or not such parts are principally used as parts of such
articles and whether or not covered by a specific provision
within the meaning of additional U.S. rule of interpretation 1
(c). The subject belting qualifies for such duty free
consideration.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
Sincerely,
Jean F. Maguire
Area Director
New York Seaport