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NY I81581




June 4, 2002

CLA-2-57:RR:NC:TA:349 I81581

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.49.1020; 5705.00.2020

Mr. Mike Choi
MKC Customs Brokers Int’l, Inc.
P.O. Box 91042
Los Angeles, CA 90009-1042

RE: The tariff classification of rugs from India.

Dear Mr. Choi:

In your letter dated May 8, 2002 you requested a classification ruling on behalf of Cecil Saydah Co.

You submitted samples of three rugs. Style no. DN 7504 is a woven rug. It is made from 100 percent cotton yarns. The rectangular rug measures approximately 26 by 36 inches, excluding a 2-1/2 inch knotted fringe at each end of the warp yarns. The knotted fringe is formed by the warp yarns and additional yarns. The warp is made from a navy blue colored yarn and the weft consists of a navy blue colored chenille pile yarns.

The second rug, referred to as “Hook Rug”, is a tufted rug. Cotton yarns have been hand tufted into a woven scrim base fabric. An adhesive and secondary backing scrim is applied. A third fabric is added to finish the rug. The rug features a snowflake and snowman design.

The third rug is an oval shaped braided rug. It is made up from braided strips of cotton denim fabric. The braids are sewn together in a concentric figuration to form the finished rug. The rug measures 19 x 29 inches.

The applicable subheading for style DN 7504 will be 5702.49.1020, 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 other textile materials: of cotton... not made on a power-driven loom. The rate of duty will be 0.8 percent ad valorem.

The applicable subheading for the braided rug will be 5705.00.2020, HTS, which provides for other carpets and other textile floor coverings, whether or not made up: other... of cotton. The rate of duty will be 3.9 percent ad valorem.

The rugs fall within textile category designation 369. Based upon international textile trade agreements products of India are not subject to quota or visa requirements.

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.

The “Hook Rug” features a snowman design which may allow the rug to fall under the heading of festive articles.

The issue of the scope of the term “festive articles” under 9505 is currently pending before the United States Court of Appeals for the Federal Circuit in the matter of Park B. Smith Ltd. V. United States, Court of Appeals No. 01-1578 (cross appeal # 01-1586). Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.

In light of the prohibition set out in 19 CFR 177.7(b), and as the instant classification ruling request is closely related to the issue presently pending in the Court of Appeals, we are unable to issue a classification ruling letter to you with respect to the “hook rug” with a snowman motif.

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 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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