The tariff classification of rugs from China

NY L84138 April 27, 2005 CLA-2-57:RR:NC:TA:349 L84138 CATEGORY: Classification TARIFF NO.: 5705.00.2015; 5705.00.2030 Mr. Samuel Zekser Sobel Shipping Co., Inc. 170 Broadway, Suite 1501 New York, NY 10038 RE: The tariff classification of rugs from China Dear Mr. Zekser: In your letter dated April 18, 2005 you requested a classification ruling on behalf of Transatlantic Design Co. Inc. You submitted a sample of a floor mat or rug, design # HSH636, and a photograph of the machine that the rug is made on. Although it is referred to as a “Table Weave” machine, the sample is not woven. The rug is made from acrylic yarns that have been sewn to a nonwoven polypropylene base fabric. A second nonwoven layer with anti-slip dots is glued to the back. The edges of the 20 x 30 inch rug are hemmed. The design on the face of the rug depicts grapes, a bottle of wine, wine glasses, cheese and a vase with flowers. You note that other versions of the “Table Weave” rug may use wool yarns rather than acrylic. In your letter you suggest classification under 5702.41.2000 or 5702.42.2080 as made up woven pile rugs. The submitted sample is not woven nor is it of pile construction. The process is more akin to embroidery. As the rug is not knotted, woven, tufted or felt, it will be classified as an other textile floor covering. The applicable subheading for the “Table Weave” rug if made with wool yarns will be 5705.00.2015, Harmonized Tariff Schedule of the United States (HTS), which provides for other carpets and other textile floor coverings, whether or not made up: other… of wool or fine animal hair: other. The duty rate will be 3.3 percent ad valorem. The applicable subheading for the “Table Weave” rug if made with acrylic yarns will be 5705.00.2030, HTS, which provides for other carpets and other textile floor coverings, whether or not made up: other… of man-made fibers. The duty rate will be 3.3 percent ad valorem. The wool version falls within textile category designation 465 and the acrylic version falls 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division