HS 4010: Conveyor or transmission belts or belting, of vulcanized rubber.

Explanatory Notes

(a) Transmission or conveyor belts or belting, of plastics of Chapter 39, or of vulcanised rubber (heading 40.10), or other articles of a kind used in machinery or mechanical or electrical appliances or for other technical uses, of vulcanised rubber other than hard rubber (heading 40.16). [Emphasis added] 54. Turning first to the issue of whether the goods in issue are properly describable...

Source: citt_decision (AP-2010-006)

The Sectiondoes not, however,cover:(a) Transmission or conveyor belts or belting, of plastics (Chapter 39); articles of unhardened vulcanised rubber (e.g., transmission or conveyor belts or belting) (heading 40.10), rubber tyres, tubes, etc. (headings 40.11 to 40.13) and washers, etc. (heading 40.16). The Sectiondoes not, however,cover: (a) Transmission or conveyor belts or belting, of...

Source: citt_decision (AP-2010-006)

Chapter 40 Notes (9)

1. 1. Except where the context otherwise requires, throughout the Nomenclature the expression "rubber" means the following products, whether or not vulcanised or hard: natural rubber, balata, gutta-percha, guayule, chicle and similar natural gums, synthetic rubber, factice derived from oils, and such substances reclaimed.

2. 2. This Chapter does not cover: • (a) Goods of Section XI (textiles and textile articles); • (b) Footwear or parts thereof of Chapter 64; • (c) Headgear or parts thereof (including bathing caps) of Chapter 65; • (d) Mechanical or electrical appliances or parts thereof of Section XVI (including electrical goods of all kinds), of hard rubber; • (e) Articles of Chapter 90, 92, 94 or 96; or • (f) Articles of Chapter 95 (other than sports gloves, mittens and mitts and articles of headings...

3. 3. In headings 40.01 to 40.03 and 40.05, the expression "primary forms" applies only to the following forms: • (a) Liquids and pastes (including latex, whether or not pre-vulcanised, and other dispersions and solutions); • (b) Blocks of irregular shape, lumps, bales, powders, granules, crumbs and similar bulk forms.

4. 4. In Note 1 to this Chapter and in heading 40.02, the expression "synthetic rubber" applies to: • (a) Unsaturated synthetic substances which can be irreversibly transformed by vulcanisation with sulphur into non-thermoplastic substances which, at a temperature between 18°C and 29°C, will not break on being extended to three times their original length and will return, after being extended to twice their original length, within a period of five minutes, to a length not greater than one...

5. 5. (A) Headings 40.01 and 40.02 do not apply to any rubber or mixture of rubbers which has been compounded, before or after coagulation, with: • (i) vulcanising agents, accelerators, retarders or activators (other than those added for the preparation of pre-vulcanised rubber latex); • (ii) pigments or other colouring matter, other than those added solely for the purpose of identification; • (iii) plasticisers or extenders (except mineral oil in the case of oil-extended rubber), fillers,...

6. 6. For the purpose of heading 40.04, the expression "waste, parings and scrap" means rubber waste, parings and scrap from the manufacture or working of rubber and rubber goods definitely not usable as such because of cutting-up, wear or other reasons.

7. 7. Thread wholly of vulcanised rubber, of which any cross-sectional dimension exceeds 5 mm, is to be classified as strip, rods or profile shapes, of heading 40.08.

8. 8. Heading 40.10 includes conveyor or transmission belts or belting of textile fabric impregnated, coated, covered or laminated with rubber or made from textile yarn or cord impregnated, coated, covered or sheathed with rubber.

9. 9. In headings 40.01, 40.02, 40.03, 40.05 and 40.08, the expressions "plates", "sheets" and "strip" apply only to plates, sheets and strip and to blocks of regular geometric shape, uncut or simply cut to rectangular (including square) shape, whether or not having the character of articles and whether or not printed or otherwise surface-worked, but not otherwise cut to shape or further worked.

Conveyor or transmission belts or belting, of vulcanized rubber.

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Explanatory Notes

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