CLA-2-59:RR:NC:TA:350 H86048
Ms. Lisa Pendley
Yusen Global Logistics
16445 Air Center Blvd., Suite #200
Houston, TX 77032
RE: The tariff classification of woven textile filter “belts” for various machine applications, from the Czech Republic.
Dear Ms. Pendley:
In your letter dated November 7, 2001, on behalf of Sitos, Texas, you requested a tariff classification ruling.
You submitted seven representative samples, some of which were informally weighed as follows:
PESO B – 24 (368 g/m²)
PESO 442-20-22 (952 g/m²)
PESO Gh 23/30 (1,188 g/m²)
PESO Ah 15/23 (1,231 g/m²)
PESV 601-27-15 (1,558 g/m²)
PESO Ah – 15/50
PESO Ah – 15/20
The materials, of this range, of the filter "belts", are all woven from man-made fiber textile filaments (filaments not exceeding 1 mm in cross section). The filaments vary in size in the respective materials and the weave pattern varies according to design and use. The belts made with metal wire (samples also furnished) will be the subject of a separate ruling.
A phone conversation established that all of the "belts" are ordered and made to a specific size according to the requirements of the machine in which it will be used. The "belts" will all be imported either as a closed loop or with fastening devices in place. The individual size can vary from 2 – 6 meters in width and 50- 250 feet in length.
Further, in a phone conversation with the importer, it was mentioned that the belts are ordered by end users for use in industrial size filtration equipment in such diverse fields as pulp and paper, chemical, food, mineral and sludge dewatering applications.
Classification under 8421.21.0000, as you suggest, is for filtering or purifying machinery and apparatus, for liquids and gases… and parts thereof. Since these belts are of a textile material and considered to be of a technical use they are excluded from consideration under 8421 by virtue of Section, XVI, note 1(e) which reads “this section does not cover transmission or conveyor belts of textile material (heading 5910) or other articles of textile material for technical uses (heading 5911).”
The applicable subheading for the “belts” will be predicated upon their respective weights. If weighing less than 650 g/m², they would be classifiable in tariff subheading 5911.31.0080, 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…. The rate of duty will be 4.9 percent ad valorem. Style PESO B – 24 is such.
If weighing 650 g/m² or more, they would be classifiable in tariff subheading 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…. The rate of duty will also be 4.9 percent ad valorem. Effective January 1, 2002, the duty rate will decline to 4.5 percent, respectively, for both tariff subheadings. This would pertain to the balance of the styles.
It is noted that ‘belts” directly involved with specific paper making functions may come under a different subheading suffix.
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 646-733-3044.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division