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NY H87224

January 29, 2002

CLA-2-57:RR:NC:TA:349 H87224


TARIFF NO.: 5702.99.1010

Ms. Lesa R. Hubbard
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301-0001

RE: The tariff classification of a rug from India.

Dear Ms. Hubbard:

In your letter dated January 17, 2002 you requested a classification ruling.

The submitted sample, JC Penney lot numbers 745-4000, 745-4001, 745-4002 and 745-4003, is a hand-loomed rug. The rug is of a woven construction. It is made from 100 percent cotton yarns. The design on this reversible rug is created by using colored yarns in the warp and weft and by varying the length of the floats. The rug will be imported in two different sizes, 24 x 40 and 30 x 50 inches. As requested the sample is being returned.

The applicable subheading for the rug will be 5702.99.1010, 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: other, not of pile construction, made up: of other textile materials: of cotton... woven, but not made on a power-driven loom. The rate of duty will be 3.2 percent ad valorem.

The rug falls within textile category designation 369. Presently, floor coverings from India classified in subheading 5702.99.1010, HTS, do not require a visa, or exempt certification, and are not subject to quota.

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 646-733-3043.


Robert B. Swierupski

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