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NY 817605




January 11, 1996

CLA-2-57:RR:NC:TP:349 817605

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.99.1010; 5702.92.0010

Mr. Charles Erkus
Trade Am
6580 Jimmy Carter Blvd.
Norcross (Atlanta), GA 30071

RE: The tariff classification of scatter rugs from India.

Dear Mr. Erkus:

In your letter dated December 15, 1995 you requested a tariff classification ruling.

You have submitted 15 swatches from scatter rugs that you intend to import. The rugs are made on hand-looms and contain various patterns created by different colored yarns in the warp and weft and by varying the length of the floats. The warp yarns are made of 100 percent cotton while the weft yarns contain cotton and remnants which may include polyester, rayon, etc. The warp yarns extend beyond the edge of the rug to form a knotted fringe.

The applicable subheading for the rugs if in chief weight cotton 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 7.5 percent ad valorem.

The applicable subheading for the rugs if in chief weight man-made fibers 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 4.8 percent ad valorem.

Presently floor coverings from India classified under subheading 5702.99.1010 and 5702.92.0010, HTS, do not require a visa, or exempt certification, and are not subject to quota.

The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Hansen at 212-466-5854.

Sincerely,

Roger J. Silvestri
Director

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