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NY N008329




March 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.90.0000

Maria Hammouche
Casual Living USA
5401 Hanger Court
Tampa, FL 33634

RE: The tariff classification of a mat from India

Dear Ms. Hammouche:

In your letter dated March 13, 2007 you requested a classification ruling.

You will be importing a rug. A sample of the rug was not submitted. You state that the rug will be made from cotton yarns that are machine tufted into a pre-existing base fabric. The back will be coated with latex to prevent slippage. The face of the rug will have a “Christmas holiday type design”. The rug will measure 2’ x 3’.

Note 1 (v) of Chapter 95 Harmonized Tariff Schedule of the United States (HTSUS) states “This chapter does not cover table ware, kitchenware, toilet articles, carpets and other textile floor coverings, apparel, bed linen, table linen, toilet linen, kitchen linen and similar articles having a utilitarian function (classified according to their constituent material)”. Although the rug may feature a festive holiday pattern it is designed to be used as a floor covering. The rug is classifiable under Chapter 57.

The applicable subheading for the rug will be 5703.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The above subheading is not assigned a textile category designation. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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