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NY 894613




February 28, 1994

CLA-2-57:S:N:N6:349 894613

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.52.0000

Mr. James G. Fields
Design Material, Inc.
241 South 55th Street
Kansas City, Kansas 66106

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a woven carpet from Mexico.

Dear Mr. Fields:

In your letter dated February 1, 1994 you requested a ruling on the status of a woven carpet from Mexico under the NAFTA.

You submitted a swatch of a flat woven carpet. The stated fiber content is 50 percent wool and 50 percent acrylic yarn. Please note that even a slight change in these weight breakdowns may affect the classification shown below. Groups of two yarns are woven as one in one direction and as one in the other direction. Each of the yarns consists of 3 plies.

In your letter you indicate that the yarn is dyed, blended and spun in the United States and is sent to Mexico. In Mexico the yarn is woven into a 12 foot wide carpet and a latex backing is applied. It is then shipped back into the United States in bulk rolls.

The applicable tariff provision for the carpet will be 5702.52.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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,not made up: of man-made textile materials. The general rate of duty will be 5.3 percent ad valorem.

The carpet, being wholly obtained or produced entirely in the territory of Mexico and the United States, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 4.7 rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

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