CLA-2-59:RR:NC:TA:350 H87576
Mr. Charles M. Watson
R.L. Swearer Company Inc.
115 McLaughlin Road
Moon Township, PA 15108-3819
RE: The tariff classification of five styles of conveyor belting materials used to make conveyor belts used in package handling and treadmill applications, from Spain.
Dear Mr. Watson:
In your letter dated January 22, 2002, on behalf of Ammeraal Beltech Inc., Carmichaels, PA, you requested a tariff classification ruling.
Five representative samples were submitted which were identified as item #’s 47126, 47661, 47285, 47227 and 47154.
We note per a recent telephone conversation with your office that all of these belting materials will be imported in various continuous lengths for further fabrication into finished conveyor belts after their importation into the United States. The end uses of these belts will be for such things as package handling as well as certain postal mail handling and treadmill applications. Production widths vary and can be up to 1,500 millimeters wide.
The first item, article 47126, is conveyor belting material measuring 4.5 mm in overall thickness. It consists of four distinct layers: a horizontal wedge-shaped ridge top surface of PVC laminated to a three-part component composed of a PVC layer or ply laminated between two woven plies of polyester man-made fibers. You indicate that this material is 85% PVC/15% polyester man-made fibers, by weight. In addition, fine carbon fiber filaments, spaced about 2.5 mm apart are longitudinally positioned between the top layer and under plies for antistatic properties.
The second item, article 47661, is conveyor belting material measuring 1 mm in overall thickness. It consists of a PVC top layer laminated to a woven layer composed of polyester man-made fibers. You indicate that this material is 75% PVC/25% polyester man-made fibers, by weight. In addition, fine carbon fiber filaments, spaced about 2.5 mm apart are longitudinally positioned between the top layer and under plies for antistatic properties.
The third item, article 47285, is conveyor belting material measuring 2.9 mm in overall thickness. It consists of four distinct layers: a rough top surfaced PVC top layer laminated to a three-part component composed of a PVC layer or ply laminated between two woven plies of polyester man-made fibers. You indicate that this material is 80% polyurethane/20% polyester man-made fibers, by weight.
The fourth item, article 47227, is belting material measuring 1.6 mm in overall thickness. It consists of a diamond pattern embossed surface PVC top layer laminated to a woven layer composed of polyester man-made fibers. You indicate that this material is 75% PVC/25% polyester man-made fibers, by weight. . In addition, fine carbon fiber filaments, spaced about 2.5 mm apart are longitudinally positioned between the top layer and under plies for antistatic properties. This belting material will be manufactured into a finished treadmill belt.
The fifth and final item, article 47154, is a conveyor belting material measuring 4.4 mm in overall thickness. It consists of four distinct layers: a longitudinally grooved or ridged top surface of PVC laminated to a three-part component composed of a PVC layer or ply laminated between two woven plies of polyester man-made fibers. You indicate that this material is 82% PVC/18% polyester man-made fibers, by weight. In addition, fine carbon fiber filaments, spaced about 2.5 mm apart are longitudinally positioned between the top layer and under plies for antistatic properties.
The materials of all the listed styles are intended for use as conveyor belts and not for power transmission. Further, Chapter 59, note 6, Heading 5910- does not apply to: (a) Transmission or conveyor belting, of textile material, of a thickness of less than 3 mm.
The applicable subheading for articles 47126 and 47154 will be 5910.00.1090, 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, other than power transmission belts and belting. The rate of duty will be 4.8 percent ad valorem.
The applicable subheading for articles 47661 and 47227 will be 5903.10.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyvinyl chloride, of man-made fibers, over 70 percent by weight of rubber or plastics. The duty rate is 0.8 percent ad valorem.
The applicable subheading for article 47285 will be 5903.20.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyurethane, of man-made fibers, over 70 percent by weight of rubber or plastics. The duty rate is 0.8 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 646-733-3044.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division