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HQ 957573

July 31, 1995

CLA-2 R:C:T 957573 jb


TARIFF NO.: 5703.30.0010

Tony Heidt
Fritz Companies, Inc.
Liberty Building
7001 Chatham Center Drive, Suite 100
Savannah, GA 31406

RE: Modification of NY 802630; incorrect classification determination

Dear Mr. Heidt:

On October 11, 1994, you were issued, on behalf of your client, Lowes Companies, Inc., NY 802630, regarding the classification of certain acrylic carpets. We have had occasion to review that ruling and have determined that it is in error.


The carpets in question measure approximately 2 feet by 4 feet and are oval in shape. They are constructed by means of hand tufting, using yarn which is stated to be 100 percent acrylic fibers. The individual tufts are drawn from the face of the carpet through a woven backing and then through the face again for cutting by hand or by the use of a hand tool. The tufts are not knotted. A gum like substance has been applied to the back of the carpet to hold the tufts in place. This is then covered by another backing of woven fabric which appears to be impregnated, coated or covered with rubber or plastics.

We note that although NY 802630 was issued with a NY prefix it should have been issued as a District Decision (with a DD prefix). The carpets were classified under subheading 5703.20.1000, HTSUSA, as carpets of nylon or other polyamides.


What is the proper classification for the carpets at issue?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification will be determined according to the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, taken in order.

Subheading 5703.20, HTSUSA, provides for carpets and other textile floor coverings, of nylon or other polyamides. Although acrylic, nylon and other polyamides are man-made fibers, acrylic is not a nylon or other polyamides as defined in Chapter 54, Note 1 of the Tariff Schedule. The proper classification for the tufted carpets is in the appropriate provision in subheading 5703.30, HTSUSA, for carpets of other man-made textile materials.


The subject carpets are correctly classified in subheading 5703.30.0010, HTSUSA, which provides for carpets and other textile floor coverings, tufted, whether or not made up: of other man-made textile materials, measuring not more than 5.25 m in area. The applicable rate of duty is 7.4 percent ad valorem and the quota category is 665.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that your client check, close to the time of shipment, The Status on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at the local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client should contact the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.


John Durant, Director

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