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NY M86595




October 11, 2006

CLA-2-57:RR:NC:N3:349 M86595

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.99.0500

Tabitha Saltzman
Star Designs
4635 Progress Drive
Columbus, IN 47201

RE: The tariff classification of a woven rug from China

Dear Ms. Saltzman:

In your letter dated September 19, 2006 you requested a classification ruling on behalf of Sunham Home Fashions.

The instant sample, described as Product #17, is a flat woven rug. The rug is made from 100 percent cotton yarns. The face of the rug is embroidered with a contrasting colored yarn that creates a flower design on long stalks. The rug measures approximately 21 x 33 inches. The rug is hemmed at the ends.

You suggest that the rug should be classified under 5702.49.10, HTSUS. That provision provides for rugs made with a pile construction while your items is made of a flat (non-pile) woven construction.

The applicable subheading for the rug will be 5702.99.0500, Harmonized Tariff Schedule of the United States (HTSUS), 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 duty rate will be 6.8 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The rug falls within textile category 369. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.

Sincerely,

Robert B. Swierupski
Director,

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