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

Mr. Robert C. Thompson
W.J. Byrnes & Co. of Los Angeles Inc.
P.O. Box 90595
Los Angeles, CA 90009

RE: The tariff classification of various rugs from India

Dear Mr. Thompson:

In your letter dated December 29, 2009 you requested a tariff classification ruling on behalf of G.A Gertmenian & Sons.

The submitted samples, identified as Items D-7805 “Fiesta”, D-7964 “Stitcher”, D-7249 “Pink” and D-8082 “Jordan,” are woven pile rugs. Item D-7805 is a multi-color shag rug stated to be made from 60 percent cotton and 40 percent polyester. It has cotton yarns in the weft and warp. Folded strips of non-woven polyester fabric are inserted across the weft every ½ inch. Portions of this “yarn” are raised creating a pile surface with a popcorn effect. It is hemmed at the ends with selvedge sides. The rug measures 26 x 29 inches.

Item D-7964 measures 34 x 40 inches. It is stated to be made from 80 percent cotton and 20 percent polyester. The rug features chenille pile yarns in the weft. Additionally, strips of non-woven polyester fabric are inserted across the weft at regular intervals. The ends are hemmed.

Item D-7249 is stated to be made from 85 percent recycled polyester and 15 percent recycled cotton. The weft consists of strips of non-woven polyester fabric. Every third row of the weft consists of strips cut to form a 2 ½ inch high shag pile. Cotton yarns in the warp extend beyond the edge of the rug to form a ¾ inch knotted fringe. The rug measures 24 x 40 inches.

Item D-8082 is stated to be made from 70 percent cotton and 30 percent polyester. It has multiple weft pile sections. Some consist of chenille pile yarns that are also raised to create a loop pile; some are sheared cotton yarns while others consist of short strips of non-woven fabric twisted in additional weft yarns. The rug is hemmed at the ends and it measures 48 x 70 inches.

The applicable subheading for Items D-7805, D-7964 and D-8082 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 Item D-7249 will be 5702.42.2020, 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 man-made textile materials: other… not made on a power-driven loom. The duty rate will be Free.

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/.

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