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NY N026943




May 6, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.30.8030

Janine Johnson
Marlowe & Co., Inc.
PO Box 90459
Los Angeles, CA 90009

RE: The tariff classification of rugs from China

Dear Ms. Johnson:

In your letter dated April 16, 2008 you requested a classification ruling on behalf of Veratex, Inc.

The submitted samples, identified as Veratex/Family Dollar SKU 2806907 and Veratex/Family Dollar SKU 2806070, are rugs. Veratex/Family Dollar SKU 2806907 is stated to be made with 80 percent polypropylene and 20 percent acrylic pile yarns. The pile yarns are tufted into a pre-existing woven base fabric. The yarns are not sheared and the face of the rug is printed with a flower design. A non-skid latex coating is added to the back. After the edges are finished with an overlock stitch, a 2-inch wide cut pile border is tufted into the rug on all four sides.

Veratex/Family Dollar SKU 2806070 is made from 100 percent polypropylene pile yarns. The yarns are tufted into a pre-existing base fabric. The back of the rug is coated with latex. The face of the rug is printed with a palm tree design.

The applicable subheading for both rugs will be 5703.30.8030, 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 man-made textile materials: othermeasuring not more than 5.25 m2 in area. The rate of duty will be 6 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 rugs fall within textile category 665. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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