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NY N014828





August 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5703.30.8030

Katie Carney
The Hipage Co., Inc.
227 E Plume Street
Norfolk, VA 23510

RE: The tariff classification of a mat from India

Dear Ms. Carney:

In your letter dated July 23, 2007 you requested a classification ruling on behalf of ATC Ingredients Inc.

The submitted sample is a portion of a mat. The mat is comprised of a polypropylene top surface that is backed with rubber. The polypropylene fabric consists of polypropylene yarns that have been tufted into a woven fabric base. The mat will be available in 17.25 x 29 inches and 23.5 x 35. 5 inch sizes.

You suggest that the mat is classifiable under heading 4016, HTSUS, as a rubber mat. However, Note 1 to Chapter 57 defines the term “carpets and other textile floor coverings” as floor coverings in which textile materials serve as the exposed surface of the article when in use. As the top walking surface of the mat is made from textile the mat is classifiable in heading 5703 as a textile floor covering.

The applicable subheading for the mat will be 5703.30.8030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for carpets and other textile floor coverings, tufted, whether or not made up: of other man-made textile materials: othermeasuring not more than 5.25 m2 in area. The rate of duty will be 6 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 mat falls within textile category 666. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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