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NY 886367

June 16, 1993

CLA-2-57:S:N:N6:349 886367


TARIFF NO.: 5702.99.1010; 6302.51.4000; 6302.51.2000; 6307.90.8945

Mr. Christopher Mooney
Homemaker Industries, Inc.
295 Fifth Avenue
New York, NY 10016-7186

RE: The tariff classification of a rug, placemat, napkin, and pillow shell from India.

Dear Mr. Mooney:

In your letter dated May 14, 1993 you requested a tariff classification ruling.

You submitted five samples as follows: a rug, placemat, napkin, and a chairpad shell. All four items are made of 100 percent cotton woven fabric. The flat-woven rug measures approximately 22-1/4 inches by 33-1/2 inches. The center of the rug is printed with a floral design and a checkered fabric caps the rug on all sides creating a 2 inch border. A solid color piping is inserted in the seam between the border and the rug. The center of the back of the rug is white.

The placemat measures 13 inches by 19 inches and is designed in the same fashion and pattern as the rug.

The napkin measures 18 inches square and is made of yarn dyed fabric which has a checkered design. All four edges are finished by a thin strip of capping.

The item you refer to as a chairpad is a pillow shell which measures approximately 17-1/2 inches by 18-1/2 inches. Three edges are sewn and the fourth contains a small opening which will be used to insert the stuffing after importation. The front portion of the shell has a printed floral design and the back is made from the yarn dyed checkered fabric. At the edge of the shell there are two straps which will be used to attach the finished pillow shell to a chair. All four edges are finished with piping.

The applicable subheading for the rug will be 5702.99.1010, 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, not of pile construction, made up: of other textile materials: of cotton... woven, but not made on a power-driven loom. The rate of duty will be 7.7 percent ad valorem.

The applicable subheading for the placemat will be 6302.51.4000, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of cotton: other. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for the napkin will be 6302.51.2000, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of cotton: tablecloths and napkins: other: plain woven. The rate of duty will be 5.5 percent ad valorem.

The applicable subheading for the pillow shell will be 6307.90.8945, HTS, which provides for other made up articles, including dress patterns: other: other: surgical towels; cotton towels of pile or tufted construction; pillow shells, of cotton... pillow shells, of cotton. The rate of duty will be 7 percent ad valorem.

The rug, placemat, napkin, and pillow shell fall within textile category designation 369. Based upon international trade agreements, products of India are subject to visa and quota requirements. Floor coverings from India classified under 5705.99.1010, HTS, do not require a visa, or exempt certification, and are not subject to quota restraints.

The designated textile and apparel categories 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 you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels),an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

The submitted samples are not marked with its country of origin. Section 134.11 of the Customs Regulations (19 CFR 134.11) states that "...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit...to indicate...the country of origin of the article..."

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Washington, D.C., 20580, for information on the applicability of these requirements to these items.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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