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June 30, 1999

CLA-2-57:RR:NC:TA:349 E83025

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.49.1020; 5702.99.1010

Mr. Robert C. Thompson
W. J. Byrnes & Co. of Los Angeles, Inc.
P.O. Box 90595
Los Angeles, California 90009

RE: The tariff classification of two rugs from India.

Dear Mr. Thompson:

In your letter dated June 2, 1999 you requested a classification ruling on behalf of G.A. Gertmenian & Sons.

You submitted sample swatches of two rugs. The first rug, referred to as sample “A” “Textured Weave”, is a woven rug made from cotton yarns. The rug contains chenille yarns in the weft. This reversible rug features a design which is created by alternating the length of the floats.

The second rug, referred to as sample “B” “Rag Rugs”, is a woven rag rug. The rug is made from cotton fabrics and yarn. The warp is constructed of blue colored yarns and the weft is constructed of variously colored strips of woven fabric.

The applicable subheading for the chenille 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 2.1 percent ad valorem.

The applicable subheading for the rag rug 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 7.2 percent ad valorem.

Presently, floor coverings from India classified in subheading 5702.49.1020 and 5702.99.1010, HTS, do not require a visa, or exempt certification, and are not subject to quota.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,

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