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NY J89949




October 22, 2003

CLA-2-57:RR:NC:TA:349 J89949

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.42.1000

Ms. Darlene Williams
Star Designs
Division of Sunham Home Fashions
4635 Progress Drive
Columbus, IN 47201

RE: The tariff classification of a woven rug from China

Dear Ms. Williams:

In your letter dated September 29, 2003 you requested a classification ruling.

The submitted sample, referred to as Product #4 Woven Rug, is a machine woven floor mat. The mat or rug is stated to be made from 100 percent polyester. It measures approximately 21 x 29.5 inches exclusive of separate 3-inch fringes sewn to the two ends. The mat’s pile surface is woven in a three-color stripe pattern and sheared. The back is coated with an adhesive and a secondary backing fabric is applied. The edges of the rug are bound.

In your letter you suggest classification under subheading 5702.10.9030 as a "Kelem", "Schumacks", "Karamanie" and similar hand-woven rugs. The submitted rug is machine woven and can not be classified under a provision that covers specific types of hand-woven rugs.

The applicable subheading for the Woven Rug will be 5702.42.1000, 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 man-made textile materials: wilton (including brussels) and velvet (including tapestry) floor coverings and floor coverings of like character or description. The duty rate will be 1 percent ad valorem.

The rug falls within textile category designation 665. Based upon international textile trade agreements products of China are not subject to quota or the requirement of a visa.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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