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NY 812833

July 21, 1995

CLA-2-57:V:NO:CO:FNIS:HO5 812833


TARIFF NO.: 5702.49.1080

Ms. Purificacion Abustan
295 Fifth Avenue
New York, New York 10016-7186

RE: The tariff classification of woven carpets, Style Corsica, from India

Dear Ms. Abustan:

In your letter dated July 10, 1995, you requested a classification ruling regarding certain woven carpets, Style Corsica, from India.

The instant carpets are made from 100% cotton yarns woven into the shape of a rectangle on a power loom. The carpet is then hand tufted with 100% cotton yarns into various designs and the tufts are cut to form a pile look. The tufts, then, do not meet the definition of "tufted" as used in HTS 5703, i.e., made on a tufting machine. The pile design does not cover the entire surface of the carpet, but leaves spaces for the woven mat to show through. The short sides of the carpet are fitted with hand knotted fringe.

The applicable subheading for the carpets will be 5702.49.1080, Harmonized Tariff Schedule of the United States (HTS), which provides for Carpets and other floor coverings, woven, not tufted or flocked, whether or not made tip, including "Kelem", "Schumacks", "Karanamie" and similar hand-woven rugs: Other [than those of the named styles or those of pile construction, not made up], Of pile construction, made up: Of other textile materials [than wool or man-made textile materials]: Of cotton: Other [than those not made on a power- driven loom].. The duty rate will be 3.8% ad valorem.

HTS 5702.49.1080 fills within textile category designation 369. As a product of India this merchandise is subject to visa requirements based upon international textile trade agreements.

The designated textile and apparel category may be subdivided into parts. If so, visa 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 Im-port Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is avallabe for inspection at your local Customs office.

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

Please note the ruling (indicator) number on the top center of the first page of this letter. Including this number with the ABI transmission of the Customs entry may entitle you to paperless processing of type 01 entries for the merchandise covered by this ruling. The filer should make any software modifications necessary to implement this stream-lined processing,. If we can be of any assistance in this endeavor, please contact ACS Specialist Walter Vaughn at (504) 589-2082.

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.


Joanne C. Cornelison
Port Director,

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