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NY J89948

October 21, 2003

CLA-2-57:RR:NC:TA:349 J89948


TARIFF NO.: 5703.30.0030

Ms. Darlene Williams
Star Designs
Division of Sunham Home Fashions
4635 Progress Drive
Columbus, IN 47201

RE: The tariff classification of a tufted rug from China

Dear Ms. Williams:

In your letter dated September 29, 2003 you requested a classification ruling.

The submitted sample, referred to as Product #3 Hand Gun Rug, is a machine tufted floor mat. The mat or rug measures approximately 21 x 33 inches. The mat’s pile surface is produced by inserting 100 percent acrylic yarns into a pre-existing woven base fabric. Although tufted by a hand-operated tufting gun, the rug is considered machine tufted. The rug has a multilevel cut and loop surface with carved borders. It is coated with an adhesive and backed with a knit mesh fabric.

In your letter you suggest classification under subheading 5703.20.20 as a tufted rug of nylon or other polyamides. The pile surface of the rug is made from acrylic yarns rather than a polyamide.

The applicable subheading for the Hand Gun rug will be 5703.30.0030, 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 other: measuring not more than 5.25 m2 in area. The duty rate will be 6.2 percent ad valorem.

The rug falls within textile category designation 665. Based upon international textile trade agreements products of China are not subject to quota or 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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