CLA-2-39:RR:NC:SP:221 B89039

Mr. Brian F. Walsh
Barnes, Richardson & Colburn
200 East Randolph Drive
Suite 7920
Chicago, IL 60601

RE: The tariff classification of a conveyor belt fastener system from Germany.

Dear Mr. Walsh:

In your letter dated August 28, 1997, on behalf of Flexible Steel Lacing Co., you requested a tariff classification ruling.

The Spiral Lace Fastener system is used to link two pieces of conveyor belt together. The system resembles a zipper fastener. It consists of two lengths of polyester fabric webbing connected by means of interlocking spirals. A spiral is formed by coiling a length of polyether ether ketone (PEEK) monofilament. A length of spiral is then sewn along one side of each of the lengths of webbed fabric. The spirals on the two separate lengths of fabric are pushed together to interlock, and are fastened together when a length of nylon monofilament, which you identify as a hinge pin, is laced through the links of the spiral. The two sections of webbing are easily separated by removing the monofilament hinge pin. The monofilament used to form the spiral on the polyester fabric measures just over 1 mm in diameter. Each of the sample monofilament hinge pins submitted with your request also measures over 1 mm in diameter.

The applicable subheading for the spiral webbing fastener, when the monofilament used to make the spirals measures over 1 mm in diameter, will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the spiral webbing fastener, when the monofilament used to make the spirals measures not over 1 mm in diameter, will be 5609.00.3000, HTS, which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: of man-made fibers. The rate of duty will be 7.6 percent ad valorem.

The applicable subheading for hinge pins consisting of monofilament measuring over 1 mm in diameter will be 3916.90.3000, HTS, which provides for monofilament of which any cross-sectional dimension exceeds 1 mm, rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics: of other plastics: other: monofilament. The rate of duty will be 7 percent ad valorem.

The applicable subheading for hinge pins consisting of nylon monofilament measuring not over 1 mm in diameter will be 5404.10.8020, HTS, which provides for synthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1 mm: monofilament: of nylon or other polyamides. The rate of duty will be 7.5 percent ad valorem.

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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division