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NY I85839




September 26, 2002

CLA-2-57:RR:NC:TA:349 I85839

CATEGORY: CLASSIFICATION

TARIFF NO.: 5705.00.2030

Ms. Frances Radics Givens
Artesanas De Cuerdas, S.A.
Apartado 287-1260
Plaza Colonial, Escazu
San Jose, Costa Rica

RE: The tariff classification of a carpet from Costa Rica.

Dear Ms. Givens:

In your letter dated August 23, 2002, received by this office on September 4, 2002 you requested a classification ruling.

You submitted a representative sample of a carpet. The carpet is made from 100 percent polypropylene 3-strand twisted rope. The ropes are cut and heat welded (fused) into various circles with a border. In your letter you state that the “entry carpet” will measure 51 centimeters x 71 centimeters.

The applicable subheading for the carpet 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 3.9 percent ad valorem.

The carpet falls within textile category designation 665. Based upon international textile trade agreements products of Costa Rica 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.

Your letter asks whether or not the carpet is eligible for duty-free treatment under the Caribbean Basin Economic recovery Act (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 carpet is 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 carpet is 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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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