CLA-2-54:S:N:N3H:350 864092
Ms. Bridget Caldwell
WG Carroll Inc.
2 Whitaker Street, Suite 201
Savannah, Georgia 31402
RE: The tariff classification of a plastic strip and a woven
fabric ("belts"), from Holland.
Dear Ms. Caldwell:
In your letter dated June 6, 1991, on behalf of Hostar,
Inc., you requested a tariff classification ruling.
Two representative samples were submitted. The first item
consists of a plastic mylar strip. While you have not indicated
the exact type of plastics material, mylar generally refers to
polyethylene terephthalate polyester. The second item is a woven
fabric (webbing like material) having two fast edges and a green
yarn running down the middle. This fabric is composed of 100
percent polypropylene man-made fibers (filaments). Your
correspondence indicates that both of these materials will be
imported in continuous lengths and widths of 4.5", 5", 8" and
12", respectively. You further state in your letter that both of
these items are for use as belting in the agrilcultural industry
and request classification in HTS item 9817.00.6000.
Classification in this provision unfortunately, is not possible
noting the fact that neither of these items appears to be in
their imported condition, parts of machines that are classifiable
in HTS subheading 8433.. Further, subheading 8433 specifies that
such machines are used for the sorting and grading of eggs. We
note, per a recent telephone conversation with this office that
you specifically indicated that these "belts" were not for such
end use.
The applicable subheading for the fabric, if imported in
widths under 30cm (11.81 inches), will be 5806.32.2000,
Harmonized Tariff Schedule of the United States (HTS), which
provides for narrow woven fabrics, of man-made fibers, other than
ribbons. The rate of duty will be 7 percent ad valorem.
If imported in widths exceeding 30cm, classification would fall
in item 5407.73.2060, HTS, which provides for woven fabrics of
synthetic filament yarn, containing 85 percent or more by weight
of synthetic filaments, of yarns of different colors, weighing
more than 170 grams per square meter. The duty rate is 17 percent
ad valorem.
The applicable subheading for the mylar film, if
it is a polyethylene terephthalate, is 3920.62.0000, which
provides for other plates, sheets, film, foil and strip, of
plastics, noncellular and not reinforced, laminated, supported or
similarly combined with other materials...of polyethylene
terephthalate. The rate of duty is 4.2 percent ad valorem.
If the mylar is other than
polyethylene terephthalate and you wish a ruling, please resubmit
your request with the exact name of the plastics material. If a
polyester, indicate whether it is saturated or unsaturated. If a
blend of several plastics, show a breakdown by weight.
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