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NY F89115




July 27, 2000

CLA-2-57:RR:NC:TA:349 F89115

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.42.2020; 5702.20.1000

Mr. Jason M. Waite
Grunfeld, Desiderio, Lebowitz & Silverman LLP 303 Peachtree Street, N.E.
Suite 2980
Atlanta, Georgia 30308

RE: The tariff classification of a chenille rug and a coir mat from India.

Dear Mr. Waite:

In your letter dated June 28, 2000 you requested a classification ruling on behalf of Mohawk Industries, Inc.

The first sample, identified as “Popcorn” and also known as Wal-Mart private label “Jubilee”, is a woven chenille rug. This rug is made from chenille and cotton yarns. The chenille yarns are 65 percent rayon and 35 percent cotton. The rug measures 20 x 34 inches. The ends of the rug are hemmed while the sides are selvage. The rug is woven with chenille yarns in the weft and cotton yarns in both the warp and weft. The rug will also be imported in a 27 x 45 inch size.

The second sample, identified as “Stripe”, is a coir mat. The woven pile mat is made from coconut fibers (coir). The pile yarns have been cut to create a stripe effect. The back, edges and cut portion of the surface have been coated with rubber. The instant sample measures approximately 18 x 29.5 inches

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI's). GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI's will be applied, in the order of their appearance. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, although not legally binding, are the official interpretation of the tariff at the international level. Heading 5702, HTSUSA provides for woven textile floor coverings. The EN for heading 57.02 include chenille carpets within the heading and state, in pertinent part that: The principal characteristic of these is that their pile surface is produced by the use of chenille yarns (see Explanatory Note to heading 56.06). These yarns may be used as an additional weft woven in the normal way; in some cases short pieces of chenille yarn are inserted as an extra discontinuous warp held in place by the ground fabric.

The subject rug is considered to be of pile construction due to the use of the chenille yarns in the weft. As the rug contains two textile materials, reference must be made to Section XI, subheading Note 2:

(A)Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials.

(B)For the application of this rule:

(a)Where appropriate, only the part which determines the classification under general interpretative rule 3 shall be taken into account;

(b)In the case of textile products consisting of a ground fabric and a pile or looped surface no account shall be taken of the ground fabric;

Note 2 of Section XI, referenced in the above subheading Note, states that "Goods classifiable in Chapters 50 to 55 or in heading No. 58.09 or 59.02 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over any other single textile material."

The chenille rug is considered to be of pile construction with the chenille yarn forming the "pile" and the cotton yarns creating the "ground fabric." Following the above Notes, the classification of Style "Popcorn" will be based on the chenille yarn, to the exclusion of the ground fabric. Rayon is the textile material which predominates by weight in the chenille yarn.

The applicable subheading for the chenille rug will be 5702.42.2020, 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, of pile construction, made up: of man-made textile materials: other... not made on a power-driven loom. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the coir mat will be 5702.20.1000, 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: floor coverings of coconut fibers (coir): with pile. The duty rate will be 8.6 cents per square meter.

The chenille rug falls within textile category designation 665. Presently, floor coverings from India classified in subheading 5702.42.2020, HTS, do not require a visa, or exempt certification, and are not subject to quota.

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, 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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