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NY K85162




May 4, 2004
CLA-2-57:RR:NC:TA:349 K85162

CATEGORY: CLASSIFICATION

TARIFF NO.: 5705.00.2030

Ms. Hatty Ho
Suzhou Industrial Park
Nam Kwong Import & Export Co.
128 Donghuan Road, Room 719
Zhongxin City, Suzhou, China 215004

RE: The tariff classification of a rug from China.

Dear Ms. Ho:

In your letter dated April 13, 2004 you requested a classification ruling.

The submitted sample is a rug. The face of the rug is made from 100 percent acrylic knit pile fabric. The back consists of a thin layer of non-woven fabric and woven fabric of man-made fiber strips with a non-slip latex coating. The rug measures approximately 36 x 56 inches.

The applicable subheading for the rug 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 3.3 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 visa restrictions.

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.

The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by lawevery article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country or origin of the article, at the time of importation into the Customs territory of the U.S.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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