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NY N009961




May 3, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.49.1020; 5703.90.0000

Sudarshan Uppuluri
59 Heritage Lane
Fords, NJ 08863

RE: The tariff classification of rugs from India and China

Dear Mr. Uppuluri:

In your letter dated April 12, 2007 you requested a classification ruling.

The submitted samples are rugs. “Chenille Herring” is a woven rug made from 100 percent cotton yarns. It features chenille pile yarns in the weft in a herringbone pattern. The warp yarns extend to form a knotted fringe.

“Bubbles” is a woven rug made from 100 percent cotton yarns. The chenille pile yarns in the weft are raised to form loops on the surface of the rug. The ends of the rug are hemmed.

“Chateau Border” is made from cotton yarns that are tufted into a woven base. It is sheared on one side with loops on the reverse side.

“New Chenille Waffle” is a woven rug made from 60 percent cotton and 40 percent viscose yarns. The yarns are woven in a waffle or honeycomb effect. It has chenille pile yarns in the weft.

“Sea Shell” is made from cotton yarns that have been tufted into a pre-existing woven base. The upper surface of the rug features a sculpted sea shell design.

The applicable subheading for “Chenille Herring”, “Bubbles”, “New Chenille Waffle” will be 5702.49.1020, Harmonized Tariff Schedule of the United States (HTSUS), 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, of pile construction, made up: of other textile materials: of cotton... not made on a power-driven loom. The rate of duty will be Free.

The applicable subheading for “Chateau Border” and “Sea Shell” will be 5703.90.0000, 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/.

“Chenille Herring”, “Bubbles” and “New Chenille Waffle” fall within textile category 369. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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