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NY 889162




August 26, 1993

CLA-2-57:S:N:N6:349 889162

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.99.1010, 5702.49.1020

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

RE: The tariff classification of two handwoven rugs from India.

Dear Mr. Clarke:

In your letter dated August 4, 1993, on behalf of Lewis Hyman you requested a tariff classification ruling.

You submitted two section cuts of handwoven rugs identified as style 603 and style 605. Both are made from 100 percent woven cotton. The warp yarns extend beyond the edge of the rug to form a knotted fringe and the weft yarns extend to form a fringe on either side. Each row of weft in style 605 is made up of twenty individual yarns which are woven into the rugs as if they were one thicker yarn. The rugs have a raised rectangular pattern. This pattern is produced by the introduction of an additional weft yarn which is used only in the rectangular areas. This additional yarn and raised pattern makes the rug of pile construction. Style 603 has a diamond pattern which is produced by the use of intermittent floats. This pattern is not considered of pile construction. The rugs will be available in sizes of 44 inches by 72 inches, 2 feet by 3 feet, 6 feet by 9 feet, and 9 feet by 12 feet.

The applicable subheading for style no. 603 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 style no. 605 will be 5702.49.1020, 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... not made on a power-drive loom. The rate of duty will be 4.2 percent ad valorem.

The rugs fall within textile category designation 369. Based upon international trade agreements, products of India classified under subheadings 5702.99.1010 and 5702.49.1020, HTS, are not subject to quota restraints and do not require a visa, or exempt certification.

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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