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NY H83349




July 16, 2001

CLA-2-57:RR:NC:TA:349 H83349

CATEGORY: CLASSIFICATION

TARIFF NO.: 5705.00.2030

Mr. Jeff Chow
East-West Associates, Inc.
14821 Northam St.
La Mirada, CA 90638

RE: The tariff classification of a floor covering from China.

Dear Mr. Chow:

This letter replaces New York Ruling Letter (NYRL) H80498, which you recently received. In reviewing that letter a clerical error in the quota and visa requirement was identified. That clerical error has been corrected in the text below.

In your letter dated April 30, 2001 you requested a classification ruling on behalf of SKM Enterprises, Inc.

The instant sample, identified as Item# 80048, is a plush animal rug. The rug is a full-figured depiction of a bear rabbit with a stuffed head, paws and feet. The body does not contain any stuffing, only the items already mentioned. The top surface is made from a polyester knit pile fabric. The bottom is made from a knit fabric laminated to a thin layer of plastic foam. This item is designed to be used on the floor as a floor covering. It is not considered a toy.

The applicable subheading for the rug will be 5705.00.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for other carpets and other textile floor coverings, whether or not made up: other of man-made fibers. The duty rate will be 4.3 percent ad valorem.

The rug falls within textile category designation 665. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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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