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NY I86532





October 24, 2002

CLA-2-57:RR:NC:TA:349 I86532

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.99.2000; 5702.99.1010

Mr. Ray Reynolds
Lee Hardeman Customs Broker, Inc.
P.O. Box 45545
Atlanta, GA 30320-0545

RE: The tariff classification of floor coverings from India.

Dear Mr. Reynolds:

In your letter dated September 26, 2002 you requested a classification ruling on behalf of Indore Home, LLC.

You submitted representative samples of three rugs. The made up rugs will be imported in various sizes. All three rugs are of woven construction. The upper surface of style ML 386 is made from 21 percent cotton yarns, 17 percent cheena cane and 62 percent seagrass rope. The surface area of style ML 411 is made from 53 percent jute and 47 percent cheena cane. The top surface of style ML 432 is made from 67 percent cotton and 33 percent cheena cane. All three styles feature a needle felt vegetable fiber backing. The edges of the rugs are bound with a woven fabric border. The applicable subheading for style nos. ML 386 and ML 411 will be 5702.99.2000, 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, not of pile construction, made up: of other textile materials: other. The duty rate will be 3.2 percent ad valorem.

The applicable subheading for style no. ML 432, HTS, will be 5702.99.1010 , 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, 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.

Style no. ML 432 falls within textile category designation 369. Presently, floor coverings from India classified in subheading 5702.99.1010, HTS, do not require a visa, or exempt certification, and are not subject to quota. Subheading 5702.99.2000, 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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