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NY 802630





October 11, 1994

CLA-2-57:V-NO:CO:FNIS:HO5 802630

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.20.1000

Mr. Tony Heidt
Fritz Companies, Inc.
Liberty Building, Suite 100
7001 Chatham Center Dr.
Savannah, GA 31406

RE: The tariff classification of acrylic carpets, design #2869, stock #30671, from China

Dear Mr. Heidt:

In your undated letter on behalf of Lowes Companies, Inc., you requested a classification ruling regarding certain carpets, design and stock numbers as above, from China.

The carpets measure approximately 21 x 41 and are oval in shape. They are constructed by the means of hand tufting, using yarn which is stated to be of 100% acrylic fibers. The individual tufts are drawn from the face of the carpet through a woven backing and then through the face again for cutting by hand or by the use of a hand tool. The tufts are not knotted. A gum- like substance has been applied to the back of the carpet to hold the tufts in place. This, in turn, is covered by another backing of woven fabric which appears to be impregnated, coated or covered with rubber or plastics.

The applicable subheading for the carpets will be 5703.20.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Carpets and other textile floor coverings, tufted, whether or not made up: of nylon or other polyamides: Hand-hooked, that is, in which the tufts were inserted or knotted by hand or by use of a hand tool. The duty rate will be 6.6% ad valorem.

HTS 5703.20.1000 falls within textile category designation 665. As a product of China, this merchandise is subject to quota restraints.and visa requirements based upon international textile trade agreements.

The designated textile and apparel category 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.

Please note the ruling (indicator) number shown on the top center of the first page of this letter. Including this number with the ABI transmission of the Customs entry may entitle you to paperless processing of type 01 entries for the merchandise covered by this ruling. The filer should make any software modifications necessary to implement this stream-lined processing. If we can be of any assistance in this endeavor, please contact Customs ACS specialist Walter Vaughn at (504) 589- 2082.

Sincerely,

Joanne C. Cornelison
District Director

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