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NY G85145





December 21, 2000

CLA-2-57:RR:NC:TA:349 G85145

CATEGORY: CLASSIFICATION

TARIFF NO.: 5705.00.2030

Ms. Elizabeth M. Cantu
JCPenny Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301-0001

RE: The tariff classification of a floor covering from China.

Dear Ms. Cantu:

In your letter dated December 4, 2000 you requested a classification ruling.

The submitted sample, identified as JCPenny lot number 341-5998, is a plush animal rug. The rug is a full-figured depiction of an elephant with a stuffed head. The body does not contain any stuffing or filling, only the head portion is stuffed. The top surface is made from 100 percent modacrylic knit pile fabric. The bottom is made from knit fabrics laminated to a thin layer of plastic foam. This fabric features a coating of anti-slip dots that you refer to as “Nylex Dot”. The rug will be imported in other animal styles that include a zebra, lion, leopard and bear. This item is designed to be used on the floor as a floor covering. It is not considered a toy. As requested the sample is being returned.

The applicable subheading for the rug will be 5705.00.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for other carpets and other textile floor coverings, whether or not made up: other of man-made fibers. The duty rate will be 4.6 percent ad valorem. The duty rate will be 4.3 percent ad valorem in 2001.

The rug falls within textile category designation 665. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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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