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NY B89647

October 6, 1997

CLA-2-57:RR:NC:TA:349 B89647


TARIFF NO.: 5702.10.1000

Mr. Charles A. McCue
McCue & Associates
100 W. Rincon Avenue
Campbell, California 95008

RE: The tariff classification of a hand-woven rug from Peru.

Dear Mr. McCue:

In your letter dated September 9, 1997 you requested a tariff classification ruling on behalf of Nova-tronix, Inc.

The submitted sample is a hand-woven rug. The rug is made from 100 percent alpaca hair. There is a 1.5 inch fringe formed by the warp yarns. The rug has a native Indian design created by the use of weft threads of different colors which do not run the entire width of the rug. You state in your letter that this rug will be imported in 49 x 61 inch and 61 x 72 sizes. The sample is being returned to you.

In your letter you refer to this item as an "Alpaca Tapestry" and believe it can be used as a wallhanging, furniture throw and or a floor throw. The submitted sample exhibits the characteristics of a textile floor covering (i.e. thickness, stiffness, and strength) and will be considered as such for classification purposes.

The applicable subheading for the rug will be 5702.10.1000, 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: "Kelem", "Schumacks", "Karamanie" and similar hand-woven rugs: certified hand-loomed and folklore products. The duty rate will be 3.4 percent ad valorem.

Articles which are classifiable under subheading 5702.10.1000, HTS, which are products of Peru are entitled to duty free treatment under the Generalized System of Preferences (GSP) or under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations. Shipments of handloomed products and designated folklore articles must be accompanied by an exempt certification.

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 212-466-5854.


Robert B. Swierupski

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