CLA-2 CO:R:C:T 951823 jb
Susan Brickell
2 Robin Road
Rumson, New Jersey 07760
RE: Tariff classification of textile floor covering from Mexico
Dear Ms. Brickell:
This is in response to your letter, received by us on
April 24, 1992, regarding the classification of a textile floor
covering, under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).
No sample was received, but two photographs of the subject
merchandise were enclosed. You claim that the article is a hand-
loomed, 100 percent wool, hand-spun tapestry made in Mexico in
traditional folkloric design of the Zapotec Indian culture. The
article is of wool and not tufted construction. The tapestry
can be in various sizes and may be used as a wall hanging or area
rug.
The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI). GRI 1
requires that classification be determined according to the terms
of the headings and any relative section or chapter notes. Where
goods cannot be classified solely on the basis of GRI 1, the
remaining GRI will be applied in the order of their appearance.
The photographs appear to show a wool rug similar to the
"Kelem", "Schumacks" type of hand woven rugs. Kelems, Schumacks
and similar rugs contain designs produced with weft yarns of
different colors. For any given line of weft, there may be
several weft yarns of different colors, each extending only
partially across the rug. Where two colors join, the two
different weft yarns may intersect at a common warp yarn. If the
two weft yarns end at different warp yarns, a slight gap between
the colors is produced. Within a design, when a weft yarn
reaches the edge of the design, it may drop to the next line of
weft to continue within the design or may merely terminate and
extend from the back of the rug.
If the rug is of this type and construction, it is
classifiable under subheading 5702.10.9010. HTSUSA, 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: "Kelem",
"Schumacks", "Karamanie" and similar hand-woven rugs: other...of
wool or fine animal hair.
Because only photographs, and no sample, were provided to
this office, it is difficult to precisely ascertain the
construction of the rug. The photographic resolution does not
allow definitive classification within this group. The rug may
appear to be similar to those rugs but not contain similar
construction to the "Kelem", "Schumacks" and similar rugs.
Rugs with the appearance of "Kelems", "Schumacks", and
similar rugs but which are not constructed in the same manner,
include printed rugs. Woven rugs with the appearance of
"Kelems", "Schumacks", which lack their method of construction,
would be classifiable under subheadings 5702.91.3000, HTSUSA,
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 wool or fine animal
hair: woven, but not made on a power-driven loom: other.
Because in your letter you referred to the article as a
"tapestry", it is likely that the disputed article is
classifiable under subheading 5702.10.9010, HTSUSA.
Items from Mexico classifiable under either of the above
referenced subheadings are dutiable at 4.9 percent ad valorem,
and are subject to visa requirements under category 465 from
Mexico.
As you did not provide us with a sample, we cannot determine
at this time the proper subheading, or provide you with a binding
ruling. If you still want to pursue classification, you should
forward a sample of the article to our Customs office in New
York. Upon receipt, we will make all efforts to expeditiously
issue you a binding ruling classification.
Sincerely,
John Durant, Director
Commercial Rulings Division