CLA-2-59:OT:RR:NC:N3:350

Mr. David L. McKnight
Voith US Inc.
760 East Berlin Road
York, PA 17408

RE: The tariff classification of press sleeves from Germany

Dear Mr. McKnight:

In your letter dated June 25, 2020, you requested a tariff classification ruling. Samples were not provided, however, technical literature representing the items in question, QualiFlex Press Sleeves, were supplied. Five styles are identified in the aforementioned literature by the following names: QualiFlex S, QualiFlex G, Qualiflex GS, QualiFlex B, QualiFlex BG.

In your original submission, you indicate the products are intended to be used in the papermaking process for the dewatering performance of a shoe press. In subsequent correspondence, you state the product is a polyurethane sleeve with 100 percent polyester threading embedded into the sleeve for stability purposes. You state that the goods will be imported as a finished product and not further worked. The technical literature provides information regarding what type of machine uses each style of sleeve. The materials for each product are stated to weigh 23,427 g/m2.

You believe that the applicable subheading for the items is 5910.00.1090, Harmonized Tariff Schedule of the United States (HTSUS) which provides for “Transmission or conveyor belts or belting, of textile material, whether or not impregnated, coated, covered or laminated with plastics, or reinforced with metal or other material: Of man-made fibers: Other.”

The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, the official interpretation of the tariff at the international level, offer some guidance in this matter. The EN for heading 5910 state in relevant part: These transmission or conveyor belts or belting are used for the transmission of power or the conveyance of goods.

The items in question are not used for power transmission or goods conveyance. In your response to our request for additional information, you assert that “the product is not belting.” Thus, the items do not meet the requirements to be classified as belts or belting under heading 5910.

The applicable subheading for all five products will be 5911.32.0080, HTSUS, which provides for Textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines: Weighing 650 g/m2 5911.32.00 or more: Other.” The rate of duty will be 3.8 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 the 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).

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.

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 Michael Capanna at michael.s.capanna @ cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division