CLA-2-39:S:N:N3H:350 862728

Mr. Clarence Cox, Jr.
Hauni Richmond, Inc.
2800 Charles City Road
Richmond, VA 23231

RE: The tariff classification of two conveyor belts for use in the cigarette industry, from Germany.

Dear Mr. Cox:

In your letter dated April 22, 1991, you requested a tariff classification ruling.

The first belt (281 171 5 NT 6500) is described as a belt which is used to convey cigarettes. It is composed of a woven carcus composed of nylon man-made fibers (40%) which reinforces the nylon polymer plastic portion (60%). These percentages are by weight. The second belt described in your inquiry (80 EL 95) consists of a crenelated or toothed belt composed of 78% polyurethane plastic and 22% steel, by weight. This belt is designed to be used in the conveyance of cigarette filters. We note per a recent telephone conversation with this office that this belt contains no textile.

The applicable subheading for the first belt (281 171 5 NT 6500) 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. The rate of duty will be 8 percent ad valorem. The second belt (80 EL 95) is classifiable in item 3926.90.6090, HTS, which provides for belting and belts, for machinery, not containing textile fibers, other than synchronous. The duty rate is 4.2 percent ad valorem.

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