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NY K88839

September 16, 2004

CLA-2-57:RR:NC:TA:349 K88839


TARIFF NO.: 5703.30.0030

Mr. Jeffrey J. Walton
Sears Roebuck & Co.
3333 Beverly Road, D5-254B
Hoffman Estates, IL 60179

RE: The tariff classification of two rugs from China.

Dear Mr. Walton:

In your letter dated August 23, 2004 you requested a classification ruling.

The submitted samples, style nos. 24953 and 24954, are tufted rugs. Style no. 24953 is a gun-tufted rug made from 100 percent acrylic yarns. The yarns are tufted into a non-woven base fabric. The back of the rug is coated with latex. The rug measures 20 x 30 inches and features a snowman and snowflake design.

Style 24954 is made from 100 percent acrylic yarns. The yarns are tufted into a pre-existing woven backing coated with latex. It has a secondary textile backing. The rug measures 20 x 30 inches and features a snowman design.

In your letter, you suggest classification under subheading 5701.90.1030, HTS. That subheading applies to knotted rugs and not tufted rugs.

The applicable subheading for the rugs 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 materialsother: measuring not more than 5.25m2 in area. The duty rate will be 6 percent ad valorem.

The rugs fall within textile category designation 665. Based upon international textile trade agreements products of China are not subject to quota or visa 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 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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