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HQ 088735

June 19, 1991

CLA-2 CO:R:C:T 088735 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.10.9010

C. Arturo Martinez M.
H. Ayuntamiento Constitucional
Presidencia Municipal
Teotitlan Del Valle, OAX

RE: Handwoven handloomed wool tapestries/rugs; Mexican export visa required

Dear Mr. Martinez:

This is in reference to your letter of February 11, 1991, requesting information regarding textile certification of rugs imported from the Teotitlan region of Mexico.

FACTS:

Three samples of the rugs/tapestries at issue were provided for our inspection. Your letter states that each rug is made of 100 percent wool which is entirely handwoven as set out below:

1. The lambs are sheared
2. The wool is washed
3. The wool is carded
4. The wool is spun
5. The wool is dyed
6. The wool is warped and placed in the loom 7. The wool is woven to specific measurements

The smallest sample measures 22 1/2 by 25 inches and has a black and red geometrical design woven throughout. The shorter sides are capped by a one inch natural colored fringe, and the longer ones have an overwrapped edge which is given shape by an inner length of rope.

The second sample is multicolored, and constructed in the same way except that it measures 40 x 23 inches, features stripes in addition to the geometric designs, and has a sparse 3 inch fringe which is twisted and knotted.

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The largest sample measures 56 x 20 inches, is brightly colored with varying stripes and geometric designs, has sparse twisted fringe and a double row of overwrapped rope edging.

You assert that these are handmade cottage industry products, made of handloomed fabric, and therefore exempt from the visa requirements of the Bilateral Agreement between the United States and Mexico. You believe that a Textile Entry Certification will be sufficient for importation of these goods.

ISSUE:

What is the appropriate classification of the rugs at issue, and are they properly excludable from visa requirements as handwoven products made of handloomed fabric.

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is determined in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 5702, HTSUSA, provides for carpets and other textile floor coverings which are woven. This heading includes certified handloomed and folklore products. But, in order to qualify as exempt, the Committee for the Implementation of Textile Agreements (CITA) has required that one of the four conditions set forth below must be met by textile articles exported from Mexico (see, Federal Register, Vol. 53, No. 165, August 25, 1988 and VBT-88-76 dated Jan 10, 1989):

1) Handloomed fabric

2) A handmade cottage industry product made of handloomed fabric

3) A properly marked commercial sample shipment valued at $250 or less

4) A particular traditional folklore handicraft textile product or products which have been mutually agreed to and so designated for exemption

However, the directive states that wool carpets do not fall in any of the above requirements (unless they are properly marked

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commercial samples valued at $250 or less) and are therefore disqualified for an exempt certificate. Moreover, although these tapestries are 100 percent handloomed, in order to be considered a handmade cottage industry product they must be made of fabric which is also handloomed.

HOLDING:

The merchandise at issue is not exempt from visa and quota requirements; a Mexican export visa must accompany these goods upon presentment for entry into the United States.

Classification of this merchandise is proper under subheading 5702.10.9010, HTSUSA, which provides for carpets and other textile floor coverings, woven, not tufted or flocked, whether or not made up, including "Kelem", "Schumacks", "Karamanie", and similar handwoven rugs: "Kelem", "Schumacks", "Karamanie", and similar handwoven rugs: other, of wool or fine animal hair, textile category 465, and dutiable at the rate of 4.9 percent ad valorem.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, your client should contact its local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that your client check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Sincerely,

John Durant, Director
Commercial Rulings Division

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