CLA-2-40:OT:RR:NC:N3:350

Mr. Ray Reynolds
Lee Hardeman Customs Broker, Inc.
277 Southfield Parkway, Suite 135
Forest Park, GA 30297

RE: The tariff classification of a rubberized conveyor belting, from either India or China.

Dear Mr. Reynolds:

In your letter dated October 28, 2008, on behalf of Extreme Mining Belt Supply, LLC, Huntington, West Virginia, you requested a tariff classification ruling.

The instant sample consists of conveyor belting which is composed of several built up layers of rubber and textile fabric reinforcement that measures approximately ½" in thickness. You write that the textile portion is comprised of a 70% polyester/30% nylon man-made fiber blend. This belting material will be imported in 1,000 foot lengths measuring 48 inches wide. After their importation into the United States, the material will be cut to the desired length and fitted with linking devices, etc. These finished belts will be used for conveying excavated material from mines.

The applicable subheading for the product will be 4010.12.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for conveyor belts or belting, reinforced only with textile materials, combined with a single textile material, other. The duty rate will be 1.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Deborah Walsh at (646) 733-3044.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division