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NY I85850




September 25, 2002

CLA-2-57:RR:NC:TA:349 I85850

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.49.1020; 5702.42.2020; 5702.99.1010

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

RE: The tariff classification of various rugs from India.

Dear Mr. Choi:

In your letter dated August 28, 2002 you requested a classification ruling on behalf of Cecil Saydah Co.

You submitted samples of five rugs. Style # DN-18006-7 “Melange Leaves” is a woven rug made from 100 percent cotton. It has chenille yarns in the weft and contains embroidered leaves. The rug measures approximately 24 x 42 inches.

Style # DN-18005 “Shimmer Leaves” is a woven rug made from 60 percent rayon and 40 percent cotton. It features chenille yarns in the weft and contains embroidered leaves. The rug measures 20 x 40 inches.

Style DN-18000 “Domino Rug” is a woven rug that measures 23 x 36 inches. The rug is made from 100 percent cotton. The beige yarns in the warp and black yarns in the weft create a small square pattern.

Style DN-11101-04 “Rip Tides” is a woven rug made from 100 percent cotton. It measures 21 x 38 inches. This earth tone colored rug has a ridged surface effect created by weaving multiple weft yarns as one.

Style DN-18002-03 “Sacramento/Santa Fe” is a woven rug that is white in color. It measures 24 x 40 inches. The rug is made from 90 percent cotton and 10 percent silk. It has chenille yarns in the weft.

The applicable subheading for styles DN-18006-7 and DN-18002-03 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 styles DN-18000 and DN-11101-04 will be 5702.99.1010, 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, not of pile construction, made up: of other textile materials: of cotton... woven, but not made on a power-driven loom. The rate of duty will be 7 percent ad valorem.

The applicable subheading for style 18005 will be 5702.42.2020, 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: other not made on a power-driven loom. The rate of duty will be 1.6 percent ad valorem.

Style nos. DN-18006-7, DN-18000, DN-11101-4 and DN-18002-03 fall within textile category designation 369. Style no. DN-18005 falls within textile category designation 665. Based on 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.

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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