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

Joy Hagerty
334 Arbor Acres Ave.
Springdale, AR 72762

RE: The tariff classification of rugs from India

Dear Ms. Hagerty:

In your letter dated April 4, 2008 you requested a classification ruling on behalf of Paliwal Exports Pvt. Ltd.

The submitted samples, identified as Style # PEPL RG 1158 and PEPL RG 2060A, are hand-woven rugs. Both rugs are made from 100 percent cotton yarns. Style # PEPL RG 1158 measures 20 x 34 inches. This multi-colored stripe flat woven rug features a slightly raised stripe effect created by bundling additional weft yarns under the stripe sections.

Style # PEPL RG 2060A, referred to as hand-woven cotton ties rug, is a solid color rug with multi-color pile tufts in a regular pattern across the surface of the rug. It measures 20 x 34 inches.

In your letter you suggest classification of the rugs under subheading 5702.10.9020, HTSUS. While that provision applies to hand-woven rugs, it covers only those rugs made in the “Kelem”, “Schumacks”, “Karamanie” and similar manner. The submitted rugs are hand-woven but they are not constructed in a manner similar to those rugs.

The applicable subheading for Style # PEPL RG 2060A will be 5702.49.1020, Harmonized Tariff Schedule of the United States (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: other, of pile construction, made up: of other textile materials: of cotton... not made on a power-driven loom. The rate of duty will be Free.

The applicable subheading for Style # PEPL RG 1158 will be 5702.99.0500, 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: other, not of pile construction, made up: of other textile materials: of cotton: woven, but not made on a power-driven loom. The duty rate will be 6.8 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/.

The rugs fall within textile category 369. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division