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NY G85165




December 15, 2000

CLA-2-57:RR:NC:TA:349 G85165

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.42.1000

Mr. Morteza Gholami
Gholami Enterprises
11829 Falls Road
Potomac, MD 20854

RE: The tariff classification of machine made rugs from Iran

Dear Mr. Shasti:

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

You submitted a sample swatch of a rug and a specification sheet. The machine woven rugs are stated to be made on a face to face wilton loom. They will be composed of acrylic pile yarns with 65 percent polyester and 35 percent cotton warp yarns and jute weft yarns. The rugs will be made up in sizes ranging from 150 x 225 to 300 x 400 centimeters and will feature various traditional Persian designs.

In October 1987, the United States imposed a trade embargo on imports to the United States from Iran under the International Emergency Economic Powers Act (IEEPA) and implementing regulations in Title 31 of the Code of Federal Regulations Part 560. Effective April 28, 2000, the regulations were amended to authorize the importation of certain Iranian-origin foodstuffs intended for human consumption, carpets and other textile floor coverings. Section 560.534 (a) was added to subpart E to read as follows:

31 CFR 560.534 Importation into the United States of certain foodstuffs and carpets is authorized.

(a) The importation into the United States, from Iran or a third country, of the following goods of Iranian-origin is authorized:

(1) Foodstuffs intended for human consumption that are classified under Chapters 2-23 of the Harmonized Tariff Schedule of the United States Annotated.

(2) Carpets and other textile floor coverings and carpets used as wall hangings that are classified either under Chapter 57 or under heading 9706.00.0060 of the Harmonized Tariff Schedule of the United States.

(b) United States persons, wherever located, are authorized to engage in transactions or dealings in or related to the categories of Iranian-origin goods described in paragraph (a) of this section, provided the transaction or dealing does not involve or relate to goods, technology, or services for exportation, reexportation, sale or supply, directly or indirectly, to Iran or the government of Iran, other than services described in section 560.405 ("Transaction incidental to a licensed transaction authorized").

For additional information regarding these and the other amendments to the Iranian Transaction Regulations, 31 CFR part 560, please refer to the May 3, 2000 Federal Register, Volume 65, Number 86 at page 25642.

The applicable subheading for the rugs will be 5702.42.1000, 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: other, of pile construction, made up: of man-made textile materials: wilton (including brussels) and velvet (including tapestry) floor coverings and floor coverings of like character or description. The duty rate will be 4 percent ad valorem. The duty rate will be 3 percent ad valorem in 2001.

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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