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NY 883253




March 16, 1993

CLA-2-57:S:N:N6:349 883253

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.49.1010

Ms. Judy A. Meszaros
Kmart Corporation, International Headquarters 3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a woven cotton rug from India.

Dear Ms. Meszaros:

In your letter dated February 16, 1993, you requested a tariff classification ruling.

The submitted sample, identified as style number 4172, is a 100 percent cotton hand-loomed chenille rug. The rectangular rug measures approximately 22 by 36 inches, excluding a 2-1/2 inch knotted fringe at each end of the warp yarns. Chenille yarns make up the majority of the weft yarns in the rug. Non-chenille weft yarns are used at regular intervals to create a striped appearance.

The applicable subheading for the rug will be 5702.49.1010, 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, of pile construction, made up: of other textile materials: of cotton...hand-loomed chenille. The rate of duty will be 4.2 percent ad valorem.

The rug falls within textile category designation 369. Based upon international trade agreements, floor coverings from India classified under subheading 5702.49.1010, HTS, do not require a visa, or exempt certification, and are not subject to quota restraints.

The designated textile and apparel categories 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 you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels),an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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