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NY D83634




November 5, 1998

CLA-2-57:RR:NC:TA:349 D83634

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.49.1020; 6301.30.0010

Ms. Aurelia Notidis
Homemaker Industries, Inc.
295 Fifth Avenue
New York, NY 10016-7186

RE: The tariff classification of a woven rug and blanket from India.

Dear Ms. Notidis:

In your letter dated October 8, 1998 you requested a classification ruling.

Style Crochet, is a 100 percent cotton hand loomed rug. The rug measures 22 x 38 inches exclusive of a 3 inch knotted fringe at each end formed by the warp yarns. On the face of the rug, the warp and weft yarns create a design that consists of alternating squares of a basket weave effect and a loop pile.

Style Sweet Dreams, is a woven blanket made from 100 percent cotton. The leno weave blanket features a square design. The edges are hemmed. The blanket measures 30 x 50 inches.

In your letter, you refer to the rug and blanket as a set. The General Rules of Interpretation (GRI's) set forth the manner in which merchandise is to be classified. Explanatory Note X to GRI 3(b) to the HTSUSA, which constitutes the official interpretation of the tariff at the international level, provides, in part:

(X) For the purposes of this Rule, the term "goods put up in sets for retail sale" shall be taken to mean goods which:

(a) consist of at least two different articles which are, prima facie, classifiable in different headings;

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

(c) are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards).

In this case the rug and blanket do not qualify as a set since the second criterion is not meet.

The applicable subheading for the rug will be 5702.49.1020, 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, of pile construction, made up: of other textile materials: of cotton... not made on a power-driven loom. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the blanket will be 6301.30.0010, HTS, which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of cotton... woven. The rate of duty will be 9.1 percent ad valorem.

The blanket falls within textile category designation 369. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

Presently, floor coverings from India classified in subheading 5702.49.1020, HTS, do not require a visa, or exempt certification, and are not subject to quota.

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. 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 Part 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,

Robert B. Swierupski
Director,

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