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NY G84365





December 12, 2000

CLA-2-57:RR:NC:TA:349 G84365

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.10.0020; 5703.30.0020

Mr. J. Maxwell Bleakie
China Christmas Collection Ltd.
1807-1812, 18/F., Ming Pao Industrial Center, Block B 18 Ka Yip Street
Chai Wan, Hong Kong

RE: The tariff classification of rugs from China.

Dear Mr. Bleakie:

In your letter dated November 15, 2000 you requested a classification ruling.

You submitted a sample a rug (C107017C) and pictures of other versions. The rug will be made from either wool or acrylic yarns. The rug's pile surface is produced by inserting either 100 percent acrylic or wool yarns into a pre-existing base. The pile yarns are held in place by a latex coating and a secondary backing of loosely woven textile fabric. The upper surface of the rug features a loop pile design. The submitted sample is contoured to resemble a Santa Claus. The other versions include: a snowman (C107017A), bear (C007027B), Santa holding a wreath (C107012A), snowman holding a Christmas tree (C107012B), a dog with antlers (C107012C), snowman (C007021B), a mat with a rose design (S007022A) and another with a leaf design (H007020C).

The applicable subheading for style’s C107017A, C007027B, S007022A and H007020C if made from acrylic yarns will be 5703.30.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for carpets and other textile floor coverings, tufted, whether or not made up: of other man-made textile materials... hand-hooked, that is, in which the tufts were inserted by hand or by means of a hand tool. The duty rate will be 6.6 percent ad valorem. The duty rate for 2001 will be 6.5 percent ad valorem.

The applicable subheading for style’s C107017A, C007027B, S007022A and H007020C if made from wool yarns will be 5703.10.0020, HTS, which provides for carpets and other textile floor coverings, tufted, whether or not made up: of wool or fine animal hair hand-hooked, that is, in which the tufts were inserted by hand or by means of a hand tool. The duty rate will be 6.4 percent ad valorem. The duty rate for 2001 will be 6.3 percent ad valorem.

The rugs made from acrylic yarns fall within textile category designation 665. The rugs made from wool yarns fall within textile category designation 465. Based upon international textile trade agreements products of China are subject to quota and the requirement of an exempt certificate.

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.

Unfortunately we are unable to issue a ruling on the classification of style nos. C107017C, C107012A, C107012B, C107012C and C007021B as the issue of festive or holiday floor coverings is currently before the Court of International Trade (Park B. Smith Ltd. v. United States Court No. 96-02-00344).

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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