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NY N023749




March 6, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.49.1020; 5702.99.0500

Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of various rugs from India

Dear Mr. Hoffacker:

In your letter dated February 20, 2008 you requested a classification ruling on behalf of Big Lots Stores, Inc.

You submitted samples of four rugs. The first rug, identified as Cotton Chenille Rug (Item # HFC-4693), is made with 100 percent cotton yarns. It features chenille yarns in the weft creating a checkerboard pattern. It is hemmed on the warp ends. The rug measures approximately 30 x 42 inches.

The second rug, identified as Cotton Chenille Embroidered Rug (Item # HFC-103655), is made from 100 percent cotton yarns. It measures 30 x 48 inches and has chenille pile yarns in the weft. The edges of the rug are bound with a woven fabric strip. The face of the rug features couching and appliqué. It will be available in a variety of colors.

The third rug, identified as Cotton Rug (Item # HFR-3268), is a flat woven rug made from 100 percent cotton yarns. The surface design is creating by varying the floats of the weft and warp yarns. It measures 21 x 34 inches and will be available in a variety of colors.

The fourth rug, identified as Cotton Chenille Braided Rug (Item # PE-SS-36), is made from 100 percent cotton yarns with chenille pile yarns in the weft. Braided chenille yarns are inserted in the weft at approximately 2-inch intervals. The rug measures 21 x 34 inches and will be available in a variety of colors.

The applicable subheading for the first, second and fourth ( HFC-4693, HFC-103655 and PE-SS-36) rugs 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 the third rug ( HFR-3268) will be 5702.99.0500, 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, not of pile construction, made up: of other textile materials: of cotton: woven, but not made on a power-driven loom. The duty rate will be 6.8 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/.

All of the rugs 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. 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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