CLA-2-57:S:N:N6:349 881707

Mr. Herbert T. Posner
Weltz & Posner
350 Fifth Avenue, Suite 7610
New York, NY 10118

RE: The tariff classification of woven rugs from India.

Dear Mr. Posner:

In your letter dated January 12, 1993, you requested a tariff classification ruling on behalf of Hayim & Company of Hempstead, New York.

The submitted samples consist of three styles of 100 percent cotton rugs which are stated to be hand-loomed. Style "Brandon" is a flat-woven rug that measures approximately 29 by 43 inches excluding a 2-1/2 inch knotted fringe at each end of the warp yarns. The rug has a slightly raised alternating rectangular pattern produced by varying the float of the weft yarns.

Style "Arrowhead" is a woven pile rug that measures approximately 29 by 47 inches excluding a 2 inch knotted fringe at each end of the warp yarns. The rug has a 1-1/2 inch flat- woven section on all four sides. The balance of the face of the rug consists of triangles of looped pile separated by flat- woven sections. The loop pile is formed by the weft yarns.

Style "Dorset" is a woven rug with a jacquard design which you refer to as a tapestry pattern. The rug measures approximately 46 inches in length excluding the 2-1/4 inch knotted fringe at each end of the warp yarns. The rug measures approximately 27 inches in width excluding the 1-1/4 inch fringe at either end of the weft yarns. Yarns of several different colors are used for both the warp and the weft.

You have suggested that these three rugs are similar in appearance to the style of carpet known as "Kelem" and should be classified as such under subheading 5702.10.10, Harmonized Tariff Schedule of the United States. We disagree. 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. The submitted samples do not exhibit this type of construction.

The applicable subheading for styles "Brandon" and "Dorset" will be 5702.99.1010, Harmonized Tariff Schedule of the United States (HTS), 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 rate of duty will be 7.7 percent ad valorem.

Styles "Brandon" and "Dorset" fall within textile category designation 369. Based upon international trade agreements, floor coverings from India classified under subheading 5702.99.1010, HTS, do not require a visa, or exempt certification, and are not subject to quota restraints.

The applicable subheading for "Arrowhead" will be 5702.49.1090, HTS, 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...other. The rate of duty will be 4.2 percent ad valorem.

"Arrowhead" falls within textile category designation 369. Based upon international textile trade agreements products of India are subject to quota restraints 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