CLA-2 CO:R:C:F 952852 GGD

District Director of Customs
701 San Jacinto
P.O. Box 52790
Houston, Texas 77052

RE: Decision on Application for Further Review of Protest No. 5301-2-100191, filed June 6, 1992, concerning the classification of treadmill belts of textile and plastics. The items are imported from Denmark and Taiwan.

Dear Sir:

This is a decision on a protest filed June 6, 1992, against your decision in the classification and liquidation of treadmill belts that were entered in December 1991 and January 1992.

FACTS:

You classified the merchandise under subheading 4010.99.5090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), the provision for conveyor or transmission belts or belting, of vulcanized rubber, not combined with textile materials, dutiable at 4.2 percent ad valorem for 1991 and 1992. In a letter dated February 27, 1992, the protestant contended that the belts were classifiable in subheading 4010.99.1900, HTSUSA, the provision for conveyor belts of vulcanized rubber, combined with textile materials, dutiable at 2.4 percent ad valorem for 1991 and 1992. In a letter dated July 20, 1992, the protestant requested that the protested classification be amended to subheading 3926.90.5900, the provision for other articles of plastics, belting and belts for machinery, containing textile fibers [not rubber], dutiable at 2.4 percent ad valorem for 1991 and 1992. -2-

Although no sample was provided, copies of the original invoice and the letter of July 20, 1992, as well as communications with Customs personnel at the port of Houston, Texas, indicate that the belts are intended to be incorporated into treadmills used as exercise equipment in gymnasiums and homes. The closed loop belts measure approximately 13 inches wide by 92 inches long, and are of two types. Type 1K010 is composed of 17.97 percent textile (nylon) and 82.03 percent plastic. Type 1LN012 is composed of 24.5 percent textile (nylon) and 75.5 percent plastic. It appears that the protestant's customs broker incorrectly assumed that the belts contained rubber.

ISSUE:

Whether the merchandise is properly classified in heading 9506, HTSUSA, as parts and accessories of articles and equipment for gymnastics, athletics, and other sports; in heading 3926, HTSUSA, as belts of plastics for machinery, containing textile fibers; or in heading 5910, HTSUSA, as conveyor belts of textile material, whether or not reinforced with other material.

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may then be applied. The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRIs.

A treadmill belt comprises a part of a treadmill, which is exercise equipment generally classified in heading 9506, HTSUSA. Heading 9506, HTSUSA, describes "Articles and equipment for gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof." -3-

Since GRI 1 requires that the classification of goods be determined according to the terms of the headings and any relative section or chapter notes, we turn to the legal notes of the tariff schedule. Chapter 95 falls within Section XX, HTSUSA, to which section there are no legal notes. Note 3, to Chapter 95, states that "[s]ubject to note 1 above [re merchandise excluded from classification under any of the headings of the chapter], parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles." Although chapter Note 3 indicates that the treadmill belt is classifiable with the treadmill of which it is a part, a different result is indicated by the text of Additional U.S. Rule of Interpretation 1(c), HTSUSA, which states in pertinent part that:

[i]n the absence of special language or context which otherwise requires...a provision for "parts" or "parts and accessories" shall not prevail over a specific provision for such part or accessory....

This merchandise is not only a part to be used with a particular machine, but is also a belt, for which classification under its own specific provision of the tariff may be appropriate. We must therefore examine the language and context pertinent to specific provisions for belts. Chapter 39 falls within Section VII, HTSUSA, to which section there are no notes relevant to this case. However, as provided in Note 2(u), Chapter 39, the chapter does not cover articles of Chapter 95. Since the articles are intended to be used as parts of exercise treadmills - classifiable within Chapter 95 - the treadmill belts are not classifiable in heading 3926, nor in any of the headings of Chapter 39, HTSUSA.

Chapter 59 falls within Section XI, HTSUSA. As provided in Note 1(t), Section XI, the section does not cover articles of Chapter 95. As further stated in Note 6(a) of Chapter 59, heading 5910, HTSUSA, does not apply to transmission or conveyor belting, of textile material, less than three mm. in thickness. In light of the fact that the articles are treadmill belts, and that the thickness of treadmill belts is generally less than three mm., the articles are not classifiable in heading 5910, nor in any of the headings of Chapter 59, HTSUSA.

Although the second part of Additional U.S. Rule of Interpretation 1(c), HTSUSA, states that a provision for "parts" or "parts and accessories" shall not prevail over a specific -4-

provision for such part or accessory (in headings 3926 and 5910), we also note that the rule is valid only in the absence of special language or context which otherwise requires. It is our determination that the special language and context of Note 3, Chapter 95, as well as the exclusionary Notes to Chapters 39 and 59, to heading 5910, and to Section XI, HTSUSA, require the provision for parts of articles described in heading 9506, HTSUSA, to prevail over the specific provisions for belts in the other headings noted above.

HOLDING:

Treadmill belts principally used as parts of exercise equipment are properly classifiable under subheading 9506.91.0030, HTSUSA, the provision for articles and equipment for athletics, parts and accessories thereof; other gymnasium or other exercise articles and equipment; parts and accessories thereof; other. The general column one duty rate applicable to these goods in 1991 and 1992 was 4.64 percent ad valorem.

Since the rate of duty under the classification indicated above is more than the liquidated rate, you are instructed to deny the protest in full. A copy of this decision should be attached to the Form 19 to be returned to the protestant.


Sincerely,

John Durant, Director
Commercial Rulings Division