CLA-2-94:S:N:N6:349 810773
Ms. Brenda A. Jacobs
Powell, Goldstein, Frazer & Murphy
1001 Pennsylvania Ave., N.W.
Washington, D.C. 20004
RE: The tariff classification of a hand tufted wool rug from
China.
Dear Ms. Jacobs:
In your letter dated May 17, 1995, on behalf of the Oriental
Rug Importers Association(ORIA), you requested a classification
ruling.
The submitted sample is an octagonal tufted rug that
measures approximately 35 inches across exclusive of a 3-1/2 inch
fringe. Wool yarns are hand tufted by means of a hand tool into
a pre-existing foundation cloth. A secondary backing cloth
(scrim) is placed on the back and a layer of latex is applied.
After the latex dries, the face of the rug is sheared, washed and
embossed. As requested, the sample is being returned to the
ORIA.
You believe that this rug should be classified under
subheading 5703.10, Harmonized Tariff Schedule of the United
States, (HTS) which provides for tufted carpets of wool. It is
also your view that if there were a 10-digit statistical breakout
for hand-tufted wool carpets, parallel to the provision that
exists for nylon or other polyamide, under subheading
5703.20.1000, this rug would be properly classified under such a
breakout. You are correct. The submitted rug would be properly
placed in a "hand-hooked, that is, in which the tufts were
inserted by hand or by means of a hand tool..." statistical
breakout if one existed for tufted wool carpets. However, there
is currently no statistical difference between hand-made and
machine-made tufted wool carpets.
The applicable subheading for the tufted wool rug will be
5703.10.0000, (HTS), which provides for carpets and other textile
floor coverings, tufted, whether or not made up: of wool or fine
animal hair. The duty rate will be 6.9 percent ad valorem.
The rug falls within textile category designation 465.
Based upon international textile trade agreements products of
China are subject to quota and visa requirements.
The designated textile and apparel categories may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport