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NY I86368





October 2, 2002

CLA-2-57:RR:NC:TA:349 I86368

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.90.0000; 4202.92.1500

Ms. Donna Kehoe
Accent Imports
95 Clegg Road
Markham, Ontario L6G 1B9
Canada

RE: The tariff classification of a rug and bag from India.

Dear Ms. Kehoe:

In your letter dated September 5, 2002 you requested a classification ruling on behalf of Nutcracker Designs.

The instant samples are a hand-tufted rug and tote bag. The rug is made from 100 percent cotton yarns that have been tufted into a pre-existing woven fabric base. After tufting the back of the rug is coated with an adhesive and a secondary backing fabric is applied. The tufted yarns have been left uncut. The rug measures 25 x 36 inches. The rug features a house and tree design. The tote bag is made from 100 percent cotton woven fabric. It features a double handle and an open top.

The applicable subheading for the rug will be 5703.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for carpets and other textile floor coverings, tufted, whether or not made up: of other textile materials. The duty rate will be 4.6 percent ad valorem.

The applicable subheading for the tote bag will be 4202.92.1500, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be 6.5 percent ad valorem.

The tote bag falls within textile category designation 369. Based upon international textile trade agreements products of India are not subject to quota or visa requirements. Subheading 5703.90.0000, HTS, is not assigned a textile category and items classified therein 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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