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NY 893846




January 25, 1994

CLA-2-57:S:N:N6:349 893846

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.90.0000

Mr. John A. Bessich
Gibney, Anthony & Flaherty
One Cross Island Plaza
Rosedale, NY 11422

RE: The tariff classification of tufted rugs from India.

Dear Mr. Bessich:

In your letter dated January 10, 1994, on behalf of Hayim & Company, you requested a tariff classification ruling.

The submitted samples consist of five different styles of rugs made by machine tufting 100 percent cotton yarns into a woven cotton base fabric. The imported rugs in each "collection" will be identical in construction, shape and reversibility, but will vary in color, color pattern, weight and yarn size.

The first style, Model No. 1000 - Galaxy Collection, is an approximately 23 x 39 inch reversible oval rug. Model No. 2000 - Gordon Collection is a reversible rectangular rug that measures approximately 24 x 34 inches and has a 2-1/2 inch fringe sewn to the two shorter edges. Model No. 3000 - Mercury Collection is an approximately 16 x 30 inch reversible oval shaped rug with a 2-1/2 inch fringe sewn to the edge. These three reversible styles are made on a reversible tufting machine (Broad Street Model 30-30) that creates a loop pile on one side of the base fabric and a cut pile on the other. By alternating passes, a pattern of cut and loop pile will be created on both sides of the rug.

Model No. 4000 - Kashmir Collection is an approximately 22 x 34 inch rectangular rug. The rug has a cut pile that has been tufted in a pattern of small squares separated by untufted base fabric. Model No. 5000 - Fantasia Collection is also a cut pile rectangular rug that measures approximately 25 x 40 inches. A printed fabric is added to the base fabric and the rug is tufted in a pattern so as to allow this printed fabric to be seen in small untufted diamond shapes. These last two styles have been coated on the back with a rubber or plastics material in order to fix the pile yarns in place.

The applicable subheading for the tufted rugs will be 5703.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for carpets and other textile floor coverings, tufted, whether or not made up: of other textile materials. The rate of duty will be 7.6 percent ad valorem. There is no textile category number currently assigned to merchandise classified under this subheading.

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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