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NY G80782

September 14, 2000

CLA-2-57:RR:NC:TA:349 G80782


TARIFF NO.: 5702.10.1000; 5702.10.9010

Mr. Andrew T. Canfield
Canfield Smith & Martin
Federal Bar Building
1815 H Street, N.W., Suite 1001
Washington, D.C. 20006

RE: The tariff classification of a rug from Romania.

Dear Mr. Canfield:

In your letter dated August 22, 2000 you requested a classification ruling on behalf of Ms. Natalie Reed Adams.

The submitted sample is a hand-woven rug. The rug is made from 75 percent wool and 25 percent cotton. The rug features a traditional Rumanian floral pattern. The instant rug measures approximately 24 x 32 inches. In your letter you indicate that the rugs will vary in size with the largest measuring 4 feet by 7 feet. As requested the submitted sample is being returned.

In your letter, you refer to the submitted sample as a wall hanging. The Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level. The Explanatory Notes to Chapter 57 state that “This Chapter covers carpets and other textile floor coverings in which textile materials serve as the exposed surface of the article when in use. It includes articles having the characteristics of textile floor coverings (e.g., thickness, stiffness and strength) but intended for use for other purposes (for example, as wall hangings or table covers or for other furnishing purposes).” 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 a “certified hand-loomed and folklore” 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: certified hand-loomed and folklore products. The general duty rate will be 2 percent ad valorem.

The applicable subheading for a rug that does not qualify as a “certified hand-loomed and folklore products” (e.g. containing machine stitching or nonsubmission of an exempt certification) will be 5702.10.9010, (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 of wool or fine animal hair. The general duty rate will be 2 percent ad valorem.

Articles that are classifiable under subheading 5702.10.1000, HTS, which are products of Romania, are entitled to duty free treatment under the Generalized System of Preference (GSP). Shipments of hand-loomed products and designated folklore articles must be accompanied by an exempt certification.

The wool rugs that do not qualify as “certified hand-loomed and folklore products” fall within textile category designation 465. Based upon international textile trade agreements products of Romania are not subject to quota and visa the requirements.

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.


Robert B. Swierupski

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