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NY I85838





September 20, 2002

CLA-2-56:RR:NC:TA:351 I85838

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000; 5705.00.2030

Ms. Frances Radics Givens
Artesanas De Cuerdas, s.a.
287-1260 Plaza Colonial, Escazu
San Jose, Costa Rica

RE: The tariff classification of placemats, coasters and carpets from Costa Rica.

Dear Mr. Givens:

In your letter dated August 23, 2002, you requested a tariff classification ruling.

You submitted a representative samples of placemats, coasters and a carpets. The placemats, coasters and carpets are constructed of 100 percent polypropylene 3-strand twisted ropes. The ropes are heat welded into circle shapes to create the placemats, coasters and carpets.

The applicable subheading for the placemats and coasters will be 5609.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of man-made fibers. The rate of duty will be 5.4 percent ad valorem.

The applicable subheading for the carpets will be 5705.00.2030, 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 3.9 percent ad valorem.

You letter asks whether or not the placemats, coasters, and carpets are eligible for duty free treatment under CBERA. General Note 7 (b) (i), HTS, states that any article which is the growth, product, or manufacture of a beneficiary country shall be eligible for duty-free treatment if that article is provided for in a subheading for which a rate of duty of “Free” appears in the “Special” subcolumn followed by the symbol “E” or “E*” in parentheses.

The placemats and coasters are classified in subheading 5609.00.3000, HTS; there is no E or E* shown for this provision. Thus, these products are not eligible under CBERA. The carpets are classified under subheading 5705.00.2030, HTS. Articles classifiable under this subheading are eligible for CBERA treatment except for certain textile articles, including those made of man-made fibers. Therefore, the man-made fiber carpets are not eligible for CBERA treatment.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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