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NY K89143





September 21, 2004

CLA-2-57:RR:NC:TA:349 K89143

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.30.0020

Ms. Rita Lowry
Star Designs
4635 Progress Drive
Columbus, IN 47201

RE: The tariff classification of a rug from China.

Dear Ms. Lowry:

In your letter dated August 11, 2004 you requested a classification ruling.

You submitted “neoprene tufts” that will be hand-hooked (tufted) into a rug, identified as product #9 Neoprene rug. The tufts are made from knit man-made fiber fabric that is coated/laminated with neoprene rubber. The fabric is cut into strips, folded and sewn to form tubes. The tubes are inserted into a cotton base fabric. The rug will range in size from 21 x 33 inches to 30 x 50 inches.

In your letter you suggest classification of this rug under 5703.90.0000. That classification provides for tufted rugs of other textile materials. The tufts in the submitted rug are made from a coated/laminated man-made fabric. Also, per subheading note 2(B) of Section XI no account is taken of the ground fabric.

The applicable subheading for the rug will be 5703.30.0020, 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 man-made textile materials hand-hooked, that is, in which the tufts were inserted by hand or by means of a hand tool. The duty rate will be 6 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 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 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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