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

4016.91.0000

Ms. Laura Latwaitis
Secure Customs Brokers
10th Fifth Street
Valley Stream, NY 11580

RE: The tariff classification of floor coverings from Spain

Dear Ms. Latwaitis:

In your letter dated March 5, 2014 you requested a tariff classification ruling on behalf of Nani Marquina.

You submitted samples of 9 rugs and a catalog. Item 1 - referred to as Style SILK is a hand knotted silk rug. Item 2 - referred to as Style NOCHE is a hand knotted rug made from jute yarns.

Item 3 includes two rug samples, Style MILTON GLASER and Style AROS. Both consist of wool yarns hand tufted into a pre-existing base cloth. A secondary backing has been added.

Item 4 - Style LOSANGES is a hand-woven Kilim type rug made from wool yarns. Item 5 - Style ANTIQUE is a hand woven Soumak (Sumak) type rug made from wool yarns.

Item 6 – Style ROSES is a hand-woven rug of pile construction. The pile is formed by wool felt strips with circular ends. The submitted catalog shows that the rug will be made up in 170 x 240, 200 x 300 and 300 x 400 centimeter sizes.

Item 7 – Style SPIRAL is made from thick wool yarns. The yarns are stitched together to form spirals of varying diameters. The spirals are stitched together and sewn to a backing fabric. Item 8 – Style BICICLETA is a woven pile rug. The pile is made from 2-3.5 centimeter wide strips of recycled rubber interwoven with a textile warp and weft. The rubber pile varies in height from 3-5 centimeters.

In your letter you suggest that Style ROSES should be classified under subheading 5702.31.8000 as a not made up woven pile rug and that Style BICICLETA should be classified under subheading 5702.32.9000 as a not made up woven pile rug. As noted previously, the catalog indicates that Style ROSES is imported as finished area rugs in specific sizes. That is a made up rug. The surface of Style BICICLETA is made of rubber strips. Note 1 to Chapter 57 states in part “For the purposes of this chapter, the term “carpets and other textile floor coverings” means floor coverings in which textile materials serve as the exposed surface of the article when in use…” Although the rubber pile is woven with a textile base, the walking surface of the rug is rubber and style Bicicleta will be classified as a rubber mat.

The applicable subheading for Item 1 - Style SILK and Item 2 - referred to as Style NOCHE will be 5701.90.1010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for carpets and other textile floor coverings, knotted, whether or not made up: of other textile materials: with pile inserted and knotted during weaving or knitting…hand knotted. The rate of duty will be Free.

The applicable subheading for Item 3 - Style MILTON GLASER and Style AROS will be 5703.10.2000, HTSUS, which provides for carpets and other textile floor coverings, tufted, whether or not made up: of wool or fine animal hair: hand-hooked, that is, in which the tufts were inserted by hand or by means of a hand tool. The duty rate will be 6 percent ad valorem.

The applicable subheading for Item – 4 Style LOSANGES and Item 5 – Style ANTIQUE will be 5702.10.9010, 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: "Kelem," "Schumacks," "Karamanie" and similar hand-woven rugs: other… of wool or fine animal hair. The duty rate will be Free.

The applicable subheading for Item – 6 Style ROSES will be 5702.41.2000, HTSUS, which provides for carpets and other textile floor coverings, woven, not tufted of flocked, whether or not made up, including “Kelem”, “Schumacks”, “Karamanie” and similar hand-woven rugs: other, of pile construction, made up: of wool or fine animal hair: other. The duty rate will be Free.

The applicable subheading for Item – 7 Style SPIRAL will be 5705.00.2015, HTSUS, which provides for other carpets and other textile floor coverings, whether or not made up: other… of wool or fine animal hair: other. The duty rate will be 3.3 percent ad valorem.

The applicable subheading for Item - 8 Style BICICLETA will be 4016.91.0000, HTSUS, which provides for other articles of vulcanized rubber other than hard rubber: other: floor coverings and mats. The rate of duty will be 2.7 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/.

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 [email protected].

Sincerely,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division