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NY L88539




November 8, 2005

CLA-2-57:RR:NC:N3:349 L88539

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.99.1500

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

RE: The tariff classification of a floor covering from China.

Dear Ms. Lowry:

In your letter dated October 21, 2005 you requested a classification ruling.

The instant sample, described as Product #12 floor cloth, is a swatch of a textile floor covering. It is made from cotton woven printed fabric. The cotton fabric is coated with a clear spray and is laminated to an anti-slip backing. The edges are folded and glued to create a hem. The floor cloth will be available in two sizes 21 x 33 inches and 27 x 48 inches.

You believe that the instant sample is classifiable under subheading 5211.51. 0030, HTS, as a woven cotton printed sheeting fabric. Please note that the instant sample is laminated, has hemmed edges, is considered “made up” and therefore cannot be classified as sheeting fabric. The submitted sample is a floor covering classifiable under subheading 5702.99.1500, HTS.

The applicable subheading for the floor cloth will be 5702.99.1500, 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”, “Shumacks”, “Karamanie” and similar hand-woven rugs: other, not pile construction, made up: of other textile materials: of cotton: other. The rate of duty is 6.8 percent ad valorem.

The floor cloth falls within textile category designation 369. 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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