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NY 886788




June 28, 1993

CLA-2-57:S:N:N6:349 886788

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.99.1010; 5702.49.1090

Mr. Troy E. Clarke
CBT International, Inc.
110 West Ocean Blvd., Suite 1003
Long Beach, CA 90802

RE: The tariff classification of four hand-loomed rugs from India.

Dear Mr. Clarke:

In your letter dated May 25, 1993, you requested a tariff classification ruling on behalf of Lewis Hyman, Inc.

The submitted samples, identified as style A-Loops design, style B-Loop pile diamond with block design, style C-Bel Air design, and style D-Denver stripes with fringe, are sections cut from 100 percent cotton hand-loomed carpets. Style A has 2-1/2 inch knotted fringe at each end of the warp yarns. It has a slightly raised alternating rectangular pattern produced by varying the float of the weft yarns.

Style B has a 2-1/2 inch knotted fringe at each end of the warp yarn. The surface of this carpet has a pattern of diamonds and blocks created by a loop pile design.

Style C is a loop pile rug. The pile is created by strips of fabric which have been inserted in the weft.

Style D has a 2-1/2 inch fringe at each end of the warp direction. The surface has a checkboard pattern which is composed of loop pile and flat woven sections. The four rugs will be available in sizes of 2 x 3 feet, 6 x 9 feet, 9 x 12 feet and 44 x 72 inches.

The applicable subheading for Style A 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 yyymade 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 Styles B, C, and D will be 5702.49.1090, 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... other. The rate of duty is 4.2 percent ad valorem.

The rugs fall within textile category designation 369. Based upon international trade agreements, products of India classified under subheading 5702.99.1010, HTS, are not subject to quota restraints and do not require a visa, or exempt certification. However, products of India classified under subheading 5702.49.1090, HTS, are subject to quota and visa requirements.

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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