CLA-2-57:OT:RR:NC:N3:349
Ms. Elvira Eslava-Benson
KEECO
30736 Wiegman Rd.
Hayward, CA 94544
RE: The tariff classification of rugs and a mat from China, Egypt or Turkey
Dear Ms. Estava-Benson:
In your letter dated October 1, 2012 you requested a classification ruling.
You submitted six samples of machine woven rugs and a mat (Samples A-F) that are stated to be made from 100 percent polypropylene yarns. The edges on the items are finished by hemming, overlock stitching or fabric binding. The rugs will be imported in 6 x 9, 9 x 12, 8 x 16 and 8 x 20 foot sizes. You indicate that these rugs are made on a Wilton loom.
Sample A is a loop pile rug with a herringbone pattern and yarns in varying shades of brown. Sample B is a black and grey flat woven rug with a diamond pattern and a border with a scroll like pattern. Sample C is a black and beige flat woven rug with a solid border and a patterned center. Sample D is a beige and green flat woven rug with a wide border and patterned center. Sample E is identical to sample D.
Sample F is a flat woven mat, or “patio mat”, constructed of green and white colored polypropylene (PP) tubes interwoven with black colored PP textile monofilaments. The rug ends are bound with a woven manmade textile trim. The tubes constitute hollow monofilaments greater than 1mm in the cross section. As such, they meet the definition of “plaiting materials” described in Chapter Note 1 of Chapter 46, Harmonized Tariff Schedule of the United States (HTSUS), which states as follows:
In this chapter, the expression “plaiting materials” means materials in a state or form suitable for plaiting, interlacing or similar processes; it includes straw, osier or willow, bamboos, rattans, rushes, reeds, strips of wood, strips of other vegetable material (for example, strips of bark, narrow leaves and raffia or other strips obtained from broad leaves), unspun natural textile fibers, monofilament and strip and the like of plastics and strips of paper, but not strips of leather or composition leather or of felt or nonwovens, human hair, horsehair, textile rovings or yarns, or monofilament and strip and the like of chapter 54.
In your letter you suggest that all six samples should be classified as “made up” rugs of pile construction under subheading 5702.42.1000, HTSUS. Sample A is the only rug with a pile construction. The rest are all flat woven and Sample F is not a textile floor covering. The fact that these items are made on a jacquard or Wilton loom does not make them of pile construction. The pile consists of raised loops or tufts (cut loops) that stand away from the surface of the rug. Samples B through F are not of a pile construction.
The applicable subheading for Sample A will be 5702.42.1000, 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: Wilton (including Brussels) and velvet (including tapestry) floor coverings and floor coverings of like character or description. The duty rate will be Free.
The applicable subheading for Samples B through E will be 5702.92.9000, HTSUS, which provides for carpets and other textile floor coverings, woven, not tufted of flocked, whether or not made up, including "Kelem", "Shucmacks", "Karamanie" and similar hand-woven rugs: other, not of pile construction, made up: of man-made textile materials: other. The rate of duty is 2.7 percent ad valorem.
The applicable subheading for Sample F will be 4602.90.0000, HTSUS, which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: other (than of vegetable materials). The rate of duty will be 3.5 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/.
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,
Thomas J. Russo
Director
National Commodity Specialist Division