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NY 881425




January 15, 1993

CLA-2-57:S:N:N6: 349 881425

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.99.1010; 5702.92.0010

Mr. Hans Sunesson
Scandcraft S.A.
Apartado 1340
4050 Alajuela, Costa Rica

RE: The tariff classification of a rag rug from Costa Rica.

Dear Mr. Sunesson:

In your letter dated December 18, 1992 you requested a tariff classification ruling.

The submitted item is a representative sample of a woven rag rug. It will be made in 100 percent cotton and as a blend of 50 percent cotton/ 50 percent man-made fiber. The warp threads are made of cotton and are white in color, and the weft is constructed of variously colored strips of fabric. The warp threads extend beyond the edge of the rug to form a fringe. The rug is not made on a power-driven loom.

You state in your letter that the raw materials used to manufacture the rug are of United State origin. However, the materials are substantially transformed into a rug in Costa Rica thus making the country of origin of the article Costa Rica.

The applicable subheading for the 100 percent cotton rag rug will be 5702.99.1010, Harmonized Tariff Schedule of the United States (HTS), 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 hand- woven rugs: other, not of pile construction, made up: of other textile materials: of cotton... woven, but not made on a power- driven loom. The rate of duty will be 7.7 percent ad valorem.

The applicable subheading for the 50 percent cotton/ 50 percent man-made textile material rag rug will be 5702.92.0010, HTS, 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 hand- woven rugs: other, not of pile construction, made up: of man- made textile materials... woven, but not made on a power-driven loom. The rate of duty will be 5.3 percent ad valorem.

In your letter you inquire as to the possible duty exemption of the rag rug under the Caribbean Basin Initiative Act. The Caribbean Basin Initiative Act does not apply for goods classifiable under subheading 5702.99.1010 or 5702.92.000, HTS.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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