CLA-2-40:OT:RR:NC:N1:137

Peter Salvato
Metro Customs Brokers
1325 Franklin Ave., Suite 103
Garden City, NY 11530

RE: The tariff classification of Rubber Belts from China

Dear Mr. Salvato:

In your letter dated November 6, 2018 you requested a tariff classification ruling on behalf of your client, Steel City Vacuum Co., Inc. The items in question are rubber vacuum belts. Four representative samples were submitted and will be returned to you as requested.

Item 46-3305-01 is a grooved rubber belt consisting of 42.5% neoprene, 9.67% fiberglass, 8.5% nylon, 37% carbon and 2.33% other filler. The belt has grooves on the inside wall. You state that the belt will be used in a vacuum cleaner.

Item 18-3300-02 is a geared rubber belt consisting of 40.11% neoprene, 17.51% fiberglass, 5.65% nylon, 35% carbon and 1.73% other filler. The belt has notches on the inner surface. It is manufactured to fit gears on a machine. You state that the belt will be used in a vacuum cleaner. Item 26-3315-02 is a geared rubber belt consisting of 43.4% neoprene, 13.2% fiberglass, 3.2% nylon, 37% carbon and 3.2% other filler. The belt has notches on the inner surface. It is manufactured to fit gears on a machine. You state that the belt will be used in a vacuum cleaner.

Item 46-3300-03 is a geared rubber belt consisting of 40.16% neoprene, 17.66% fiberglass, 5.16% nylon, 35% carbon and 2.02% other filler. The belt has notches on the inner surface. It is manufactured to fit gears on a machine. You state that the belt will be used in a vacuum cleaner.

The applicable subheading for Item 46-3305-01, grooved rubber belt, will be 4010.39.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Conveyer belts or transmission belts or belting, of vulcanized rubber: Transmission belts or belting: Other: Of trapezoidal cross section (V-belts and belting): Combined with textile materials. The general rate of duty will be 3.4 percent ad valorem.

The applicable subheading for Items 18-3300-02, 26-3315-02, and 46-3300-03, geared rubber belts, will be 4010.39.5000, HTSUS, which provides for Conveyer belts or transmission belts or belting, of vulcanized rubber: Transmission belts or belting: Other: Combined with textile materials: Other. The general rate of duty 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 https://hts.usitc.gov/current.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 4010.39.1000 and 4010.39.5000, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 4010.39.1000 or 4010.39.5000, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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 Christina Allen at julie.c.allen@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division