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NY N003371




December 7, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5704.90.0090

Jeff Berman
Chesta Co., Inc.
145 Columbus Street
Pickerington, OH 43147

RE: The tariff classification of rugs from China

Dear Mr. Berman:

In your letter dated November 13, 2006 you requested a classification ruling.

The submitted samples, identified as style nos. SBR-001 and SBR-002, are rugs. Both rugs are made from a polyester needle felt backed with a thick layer of rubber. Style SBR-001 measures 18 x 27 inches and the face of the rug is not printed. Style SBR-002 measures 18 x 29.5 inches and the face is printed with a Christmas motif. Different versions of Style SBR-002 will be printed with other festive motifs and other non-festive motifs. The rugs features rounded corners.

The applicable subheading for Styles SBR-001 and SBR-002 printed with a non-festive motif will be 5704.90.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for carpets and other textile floor coverings, of felt, not tufted or flocked, whether or not made up: other... other. The duty rate will be Free.

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/.

Styles SBR-001 and SBR-002 with a non-festive print fall within textile category 665. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

Please note, that the classification of the printed rug with a festive motif (Style-002) involves a consideration of whether the merchandise may be classifiable in Chapter 95 as “festive.”

Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in certain circumstances. Specifically, § 177.7(b) reads, in pertinent part:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court of appeal there from.

As such, CBP will not issue a classification ruling with regard to your merchandise (SBR-002 festive print) at this time. The classification determination may be impacted by court cases currently pending in the Court of International Trade. See Michael Simons Designs, Inc. v. United States, Ct. No. 04-00537; Berwick Industries, Inc. v. United States, Ct. Nos. 98-12-03189, 96-01-00263, 99-01-000436, 99-03-00121, 99-03-00158, 99-06-00356, 98-09-02897, 97-05-00789, 97-06-00983, 97-08-01400, 96-12-0738, 96-05-01359, and 96-04-01197; Waterford Wedgwood USA, Inc. v. United States, Ct. Nos. 00-05-00215, 99-03-00133 and 99-11-00721; Cuthbertson Imports Inc. v. United States, Ct. No. 03-00846; and Wilton Industries, Inc. v. United States, Ct. Nos. 00-11-00528, 00-01-00218, 00-03-00014, 00-03-00015, 00-04-00193, 00-04-00194 and 00-04-00250.

If you wish, you may resubmit your request for a prospective ruling after the appropriate court cases have been resolved.

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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