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NY 810773




May 30, 1995

CLA-2-94:S:N:N6:349 810773

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.10.0000

Ms. Brenda A. Jacobs
Powell, Goldstein, Frazer & Murphy
1001 Pennsylvania Ave., N.W.
Washington, D.C. 20004

RE: The tariff classification of a hand tufted wool rug from China.

Dear Ms. Jacobs:

In your letter dated May 17, 1995, on behalf of the Oriental Rug Importers Association(ORIA), you requested a classification ruling.

The submitted sample is an octagonal tufted rug that measures approximately 35 inches across exclusive of a 3-1/2 inch fringe. Wool yarns are hand tufted by means of a hand tool into a pre-existing foundation cloth. A secondary backing cloth (scrim) is placed on the back and a layer of latex is applied. After the latex dries, the face of the rug is sheared, washed and embossed. As requested, the sample is being returned to the ORIA.

You believe that this rug should be classified under subheading 5703.10, Harmonized Tariff Schedule of the United States, (HTS) which provides for tufted carpets of wool. It is also your view that if there were a 10-digit statistical breakout for hand-tufted wool carpets, parallel to the provision that exists for nylon or other polyamide, under subheading 5703.20.1000, this rug would be properly classified under such a breakout. You are correct. The submitted rug would be properly placed in a "hand-hooked, that is, in which the tufts were inserted by hand or by means of a hand tool..." statistical breakout if one existed for tufted wool carpets. However, there is currently no statistical difference between hand-made and machine-made tufted wool carpets.

The applicable subheading for the tufted wool rug will be 5703.10.0000, (HTS), which provides for carpets and other textile floor coverings, tufted, whether or not made up: of wool or fine animal hair. The duty rate will be 6.9 percent ad valorem.

The rug falls within textile category designation 465. Based upon international textile trade agreements products of China 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
New York Seaport

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