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NY H85871

December 10, 2001

CLA-2-57:RR:NC:TA:349 H85871


TARIFF NO.: 5703.90.0000

Mr. Floyd Sirico
Rogers & Brown Custom Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a tufted rug from China.

Dear Mr. Sirico:

In your letter dated December 3, 2001 you requested a classification ruling on behalf of Franco Mfg. Co.

You submitted a sample of a tufted rug. The rectangular rug measures approximately 20 x 28.5 inches. It is composed of cotton yarns that have been tufted into a pre-existing man made fiber woven base . After tufting the back of the rug is coated with a layer of latex. The tufted yarns are left uncut giving the surface a loop pile effect. The surface of the rug features a heart and square country type design.

The applicable subheading for the rug will be 5703.90.0000, 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 textile materials. The duty rate will be 4.9 percent ad valorem.

Presently, the above subheading is not assigned a textile category designation and items classified therein are not subject to quota or visa requirements.

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, 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 646-733-3043.


Robert B. Swierupski

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