CLA-2-46:RR:NC:2:230 L88811

Mr. Charles S. Parisi
Parisi Services, Inc.
P.O. Box 91217
Los Angeles, CA 90009

RE: The tariff classification of a bamboo mat and a polypropylene rug from China

Dear Mr. Parisi:

In your letter dated November 8, 2005, on behalf of your client, Patiomats.com LLC, you requested a classification ruling.

The ruling was requested on two floor coverings. Samples of the products were submitted for our review. The first product is a five-foot long rolled-up bamboo mat suitable for indoor use only. It is composed of strips of bamboo, each approximately 2 mm thick and 15 mm wide, placed side-by-side and glued to a felt backing. The bamboo mat is trimmed with a 100% cotton border.

The applicable subheading for the bamboo mat described above will be 4602.10.4500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: of vegetable materials, other, of one or more of the materials bamboo, rattan, willow or wood, other. The duty rate will be 6.6 percent ad valorem.

The second product is an indoor/outdoor 100% polypropylene rug suitable for use on patios and other outdoor areas. It is a flat woven area rug with bound edges.

The applicable subheading for the polypropylene rug described above will be 5702.92.0090, 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 man-made textile materials, other. The duty rate 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 HTSUSA and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The woven polypropylene rug falls within textile category designation 665. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP.

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 Paul Garretto at 646-733-3035.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division