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

Joy Hagerty
334 Arbor Acres Ave.
Springdale, AR 72762

RE: The tariff classification of a rug from India

Dear Ms. Hagerty:

In your letter dated May 6, 2008 you requested a classification ruling on behalf of Paliwal Exports Pvt. Ltd.

The submitted, design PAL – 79, is a hand-woven rug. It is made from 100 percent cotton. The solid color flat woven rug features strips of knit fabric in the weft. The rectangular rug measures approximately 20 x 30 inches, excluding a 3.5 inch knotted fringe at each end formed by the warp yarns.

In your letter you suggest classification of the rug 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 rug is hand-woven but it is not constructed in a manner similar to those rugs.

The applicable subheading for the rug will be 5702.99.0500., Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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 rug falls 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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