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NY L82181

January 27, 2005

CLA-2-57:RR:NC:TA:349 L82181


TARIFF NO.: 5703.30.0030

Ms. Rita Lowry
Star Designs
4635 Progress Drive
Columbus, IN 47201

RE: The tariff classification of a rug from China.

Dear Ms. Lowry:

In your letter dated December 17, 2004, received by this office on January 14, 2005, you requested a classification ruling.

The submitted sample, identified as Product #10 Table Top Pre-dyed Acrylic Rug, is a tufted rug. It made from 100 percent acrylic yarns. The yarns are tufted into a pre-existing base fabric that is stated to be made from polypropylene. The back of the rug is coated with latex. The oval shaped rug measures approximately 22 x 32.5 inches.

In your letter, you suggest classification under subheading 5703.20.20, HTS. However, that provision provides for nylon or other polyamide rugs. The instant rug is made of acrylic.

The applicable subheading for the 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 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. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov. .
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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