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NY F88040




July 7, 2000

CLA-2-57:RR:NC:TA:349 F88040

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.10.1000; 5702.10.9010; 6304.99.1000; 6304.99.1500; 6304.93.0000

Mr. Chris Floersch
NOVICA United, Inc.
11835 W. Olympic Blvd., Suite 750E
Los Angeles, CA 90064

RE: The tariff classification of rugs, tapestry and wall hanging from Peru and Mexico.

Dear Mr. Floersch:

In your letter dated June 7, 2000 you requested a classification ruling.

The first sample, described as “Ayacucho Tapestry”, is a hand-loomed rug. The rug is made from wool and cotton yarns. The variously colored warp and weft yarns create a geometric design. The submitted rug measures approximately 46 x 58 inches, excluding a 2-inch fringe formed by the warp yarns.

The second sample, described as “San Pedro Tapestry”, is a hand-loomed wall hanging. The wall hanging is made from strips of unspun wool fibers held together by cotton yarn. It measures approximately 37 x 45 inches. The wall hanging features a yarn dyed design of native Indians in a valley. The item can be mounted on a dowel and hung on a wall.

The third sample is a patchwork wall hanging made from various fabrics. The patchwork front panel is predominately composed of synthetic fabrics. The back is made from cotton fabric. The front features a native village scene and stuffed tiny doll figures, animals and trees. These three samples are made in Peru.

The fourth sample, “Zapotec Rug”, is a hand-loomed rug. The rug is made from wool yarns. The variously colored warp and weft yarns create a “Kelem” type design. It measures approximately 23.5 x 36 inches, excluding a 3-inch fringe formed by the warp yarns. This rug is wholly produced in Mexico. As requested all of the samples are being returned.

The applicable subheading for “certified hand-loomed and folklore” rugs (“Ayacucho” and “Zapotec”) will be 5702.10.1000, 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: certified hand-loomed and folklore products. The general duty rate will be 2 percent ad valorem.

The applicable subheading for rugs that do not qualify as “certified hand-loomed and folklore products” (e.g. certification not submitted) will be 5702.10.9010, (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 wool or fine animal hair. The general duty rate will be 2 percent ad valorem.

The applicable subheading for “certified hand-loomed and folklore” wall hangings (“San Pedro Tapastry”) will be 6304.99.1000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of other textile materials: wall hangings of wool or fine animal hair: certified hand-loomed and folklore products. The duty rate will be 5.3 percent ad valorem.

The applicable subheading for wall hangings that do not qualify as “certified hand-loomed and folklore products” (e.g. certification not submitted) will be 6304.99.1500, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of other textile materials: wall hangings of wool or fine animal hair: other. The duty rate will be 11.9 percent ad valorem.

The applicable subheading for the patchwork wall hanging will be 6304.93.0000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The duty rate will be 9.8 percent ad valorem.

Articles which are classifiable under subheading 5702.10.1000 and 6304.99.1000, HTS, which are products of Peru are entitled to duty free treatment under the Generalized System of Preference (GSP) or under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations. Shipments of hand-loomed products and designated folklore articles must be accompanied by an exempt certification.

The “Zapotec” rug is a wholly originating product of Mexico. The “certified hand-loomed” rug will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations and agreements including the submission of an exempt certification. The “Zapotec” rugs that do not qualify as “certified hand-loomed and folklore products will be entitled to a 1.4 percent ad valorem rate of duty under NAFTA upon compliance with all applicable laws, regulations and agreements.

The patchwork wall hanging falls within textile category designation 666. Wool wall hangings that do not qualify as “certified hand-loomed and folklore products” fall within textile category designation 469. Based upon international textile trade agreements products of Peru are subject to the requirement of a visa. “Certified hand-loomed and folklore” wall hangings of wool must be accompanied by an exempt certification.

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.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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