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NY L84787




May 27, 2005

CLA-2-57:RR:NC:N3:349 L84787

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.90.0000; 5703.30.0030; 5703.30.0080; 5702.99.1010; 5703.10.0080

Ms. Rita Zine
1342 Broadway
Alameda, CA 94501

RE: The tariff classification of various floor coverings from India.

Dear Ms. Zine:

In your letter dated May 4, 2005 you requested a classification ruling.

You intend to import various floor coverings. Six representative samples labeled 1-6 were submitted with your request. Samples 1 and 2 are bath rugs made by tufting 100 percent cotton yarns into a pre-existing woven base fabric. Both rugs will measure 30 x 42 inches. These items may also be imported in other sizes.

Sample 3 is an accent rug made from 100 percent polypropylene yarns tufted into a pre-existing base. It is coated with an adhesive and a secondary backing fabric is applied. The rug features a fabric border. It will be available in three sizes 30 x 42 inches, 5 x 8 feet and 8 x 11 feet.

Samples 4 and 5 will measure 30 x 42 inches. Both are woven rugs made from 100 percent cotton fibers. Sample 4 features a ribbed effect created by varying the floats. Sample 5 is a rag rug made from variously colored strips of fabric.

Sample 6 is made from 100 percent wool yarns tufted into a pre-existing base fabric and has a secondary fabric backing. This rug will be available in four sizes 30 x 42 inches, 5 X 8 feet, 8 x 8 feet, 8 x 11 feet and 9 x 12 feet.

The applicable subheading for samples 1 and 2 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 3.8 percent ad valorem.

The applicable subheading for sample 3 (30 x 42 inches and 5 x 8 foot) will be 5703.30.0030, HTS, which provides for carpets and other textile floor coverings, tufted whether or not made up: of other man-made textile materials other: measuring not more than 5.25 m2 in area. The duty rate will be 6 percent ad valorem.

The applicable subheading for sample 3 (8 x 11 feet) will be 5703.30.0080, HTS, which provides for carpets and other textile floor coverings, tufted, whether or not made up: of other man-made textile materials other: other. The duty rate will be 6 percent ad valorem.

The applicable subheading for samples 4 and 5 will be 5702.99.1010, 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 6.8 percent ad valorem.

The applicable subheading for sample 6 will be 5703.10.0080, HTS, which provides for carpets and other textile floor coverings, tufted, whether or not made up: of wool or fine animal hair... other. The duty rate will be 6 percent ad valorem.     

Sample 3 falls within textile category designation 665. Samples 4 and 5 fall within textile category designation 369. Sample 6 falls within textile category designation 465 and sample 1 and 2 fall under a subheading that is not assigned a textile category. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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