CLA-2-57:RR:NC:TA:349 H89200

Mr. Larry Chance
Jean D. Duncan Customs Brokers, Inc.
P. O. Box 20696 / Atlanta Airport
Atlanta, GA 30320

RE: The tariff classification of rugs from India

Dear Mr. Chance:

In your letter dated March 12, 2002 you requested a classification ruling on behalf of Kaleen Rugs.

You submitted samples of three rugs and a swatch of a fourth rug. The first is a cut wool pile rug with a cotton foundation. It measures approximately 21 x 32.5 inches. The back is coated with an adhesive and a secondary backing fabric is applied. The woven pile rug is bound on all sides. The second sample is a chain stitch rug that measures approximately 26.5 x 42 inches. It consists of wool yarns that have been hand embroidered on a cotton base. The chainstitch embroidery creates a floral pattern and covers the entire rug. A secondary fabric is sewn to the back of the rug.

The third sample is a flat woven cotton rug that measures approximately 24.5 x 36 inches. The edges of this hand-loomed rug are finished with a strip of fabric. The sample rug features some embroidery and applique work. You have indicated that this rug may be made as either all cotton or chief weight cotton and that in addition to the submitted flat woven version, some versions will be made with a cut pile. The last sample is a swatch of a chenille rug. The hand-loomed sample uses chenille yarns and non-pile yarns in the weft to create a pattern. You note that these chenille rugs may be either chief weight cotton or chief weight rayon.

The applicable subheading for the handloomed wool pile rug will be 5702.41.1000, Harmonized Tariff Schedule of the United States (HTS), 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 wool or fine animal hair: wilton (including brussels) and velvet (including tapestry) floor coverings and floor coverings of like character or description. The duty rate will be 2 percent ad valorem.

The applicable subheading for the chief weight rayon chenille rug will be 5702.42.2020, HTS, 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 1.6 percent ad valorem.

The applicable subheading for the chief weight cotton chenille rug and the cotton cut pile rug will be 5702.49.1020, HTS, 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 duty rate will be 0.8 percent ad valorem.

The applicable subheading for the flat woven cotton rug will be 5702.99.1010, HTS, 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 7 percent ad valorem.

The applicable subheading for the chainstitch rug will be 5705.00.2015, HTS, which provides for other carpets and other textile floor coverings, whether or not made up: other… of wool or fine animal hair: other. The duty rate will be 3.9 percent ad valorem.

The rugs fall within textile category designations 369, 465 and 665. Based upon international textile trade agreements products of India are not subject to quota and visa restrictions.

Textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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