United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1996 HQ Rulings > HQ 958745 - HQ 958886 > HQ 958859

Previous Ruling Next Ruling
HQ 958859





September 17, 1996
CLA-2 RR:TC:TE 958859 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.10.0020

D.M. Beauregard
A.N. Deringer, Inc.
P.O. Box 284
Highgate Springs, VT 05460

RE: Classification of wool rug; heading 5703, HTSUSA

Dear Mr. Beauregard:

This is in reply to your letter, dated December 29, 1995, on behalf of your client, ANB International Inc., requesting a classification determination under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a hand-hooked rug imported from China. A sample was submitted to this office for examination and will be returned under separate cover.

FACTS:

The subject merchandise consists of a hand tufted rug composed of 100 percent wool yarns which are hand-hooked (hand tufted) into a coarse, plain woven fabric base. You state in your letter that the rug is made with a hand tool on monk's cloth with a latex backing. The rug also features a thin, loosely woven secondary backing cloth. The rug measures approximately 24 inches by 36 inches and features angelic musicians and a "Peace on Earth" banner.

In your original letter you also inquired into a country of origin determination for the subject rug. In a subsequent correspondence, dated April 2, 1996, you indicated that you no longer wanted this office to pursue a country of origin determination for the rug.

ISSUE:

What is the appropriate classification for the subject merchandise?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI, the remaining GRI will be applied, in the order of their appearance.

Heading 5703, HTSUS, provides for, among other things, carpets and other textile floor coverings, tufted, whether or not made up. In your letter you refer to the loosely woven base cloth as monk's cloth. Fairchild's Dictionary of Textiles, 1970, at 379, defines monk's cloth as:

1. A heavy, coarse cotton fabric made with a basket weave in a loose construction.

The base fabric in the submitted sample does not have the requisite basket weave construction found in monk's cloth. After tufting into the pre-existing base by means of a hand-tool, the back of the rug is coated with a layer of latex and a thin, loosely woven secondary backing cloth is applied. The tufted yarns are left uncut giving the surface a loop pile effect. Removing the backing and pulling out the wool yarn reveals the pattern of the finished design which is drawn or printed onto the back of the base cloth. This drawn or printed outline is followed by the rug maker during the tufting process.

The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to heading 5703, HTSUS, state:

This heading covers tufted carpets and other tufted textile floor coverings produced on tufting machines which, by means of a system of needles and hooks, insert textile yarn into a pre-existing backing (usually a woven fabric or a nonwoven) thus producing loops, or, if the needles and hooks are combined with a cutting device, tufts. The yarns forming the pile are then normally fixed by a coating of rubber or plastics. Usually before the coating is allowed to dry it is either covered by a secondary backing of loosely woven textile material, e.g., jute, or by foamed rubber.

Although the subject merchandise is hand tufted, it meets the general description of tufted carpets and other textile floor coverings as per the EN to heading 5703, HTSUS. Accordingly, the hand tufted rug is properly classified in subheading 5703.10.0020, HTSUSA.

HOLDING:

The submitted hand tufted rug is properly classified in subheading 5703.10.0020, HTSUSA, which provides for, carpets and other textile floor coverings, tufted, whether or not made up: of wool or fine animal hair; hand-hooked, that is, in which the tufts were inserted by hand or by means of a hand tool. The applicable rate of duty is 6.8 percent ad valorem and the quota category is 465.

The designated textile and apparel category 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 your client check, close to the time of shipment, the Status on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at the local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client should contact the local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: