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NY F80837




January 21, 2000

CLA-2-57:RR:NC:TA:349 F80837

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.30.0020

Mr. Karl Krueger
AEI Customs Brokerage Services
P.O. Box 5129
Southfield, MI 48086-5129

RE: The tariff classification of a tufted rug from China

Dear Mr. Krueger:

In your letter dated December 29, 1999 you requested a classification ruling on behalf of China Fortune (Canada), Inc.

The submitted a sample is a rectangular tufted rug that measures approximately 2 x 3 feet exclusive of a 4 inch fringe. Modacrylic yarns are tufted into a pre-existing woven base cloth. After tufting the back of the rug is coated with a layer of rubber or plastics and a secondary backing fabric is applied. The surface of the rug is carved. You have stated that the tufts are inserted by hand through the use of a hand tool (knitting needle) and not by means of a pneumatic device or any other powered tool.

The applicable subheading for the hand-tufted rug will be 5703.30.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for carpets and other textile floor coverings, tufted, whether or not made up: of other man-made textile materials hand-hooked, that is, in which the tufts were inserted by hand or by means of a hand tool. The duty rate will be 6.6 percent ad valorem.

The tufted rug falls within textile category designation 665. Based upon international textile trade agreements products of China falling within this textile category are subject to quota and the requirement of a visa. Tufted rugs classified in the above subheading may be accompanied by an exempt certificate and would not be subject to quota or visa restrictions.

The designated 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, 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 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 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,

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