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NY 887652




July 26, 1993

CLA-2-57:S:N:N6:349 887652

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.99.1010; 5702.92.0010; 5702.91.3000

Mr. Luis A. Veltze
Proseinpe S.R.L.
P.O. Box 2054
Calle Mercado 1385
La Paz, Bolivia

RE: The tariff classification of a rag rug from Bolivia.

Dear Mr. Veltze:

In your letter dated June 4, 1993, received in our office on June 28, 1993, you requested a tariff classification ruling.

The submitted item is a representative sample of a woven rag rug which will be made in cotton, man-made fiber, and wool. 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.

The applicable subheading for the 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 man-made fiber 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.

The applicable subheading for the wool rag rug will be 5702.91.3000, 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 wool or fine animal hair: other. The rate of duty is 4.9 percent ad valorem.

Section 141.87 of the Customs regulations (19 C.F.R. 141.87) provides that "Whenever the classification...of merchandise depends on the component materials, the invoice shall set forth a breakdown giving the...weight...of each component material in sufficient detail to determine the correct duties." The submitted sample is such an item. The invoice for the imported merchandise must show the actual component breakdown, as opposed to a presumed breakdown.

The item in this request is not eligible for duty-free treatment under the Andean Trade Preference Act (ATPA).

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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