CLA-2 CO:R:C:T 088735 JS
C. Arturo Martinez M.
H. Ayuntamiento Constitucional
Presidencia Municipal
Teotitlan Del Valle, OAX
RE: Handwoven handloomed wool tapestries/rugs; Mexican export
visa required
Dear Mr. Martinez:
This is in reference to your letter of February 11, 1991,
requesting information regarding textile certification of rugs
imported from the Teotitlan region of Mexico.
FACTS:
Three samples of the rugs/tapestries at issue were provided
for our inspection. Your letter states that each rug is made of
100 percent wool which is entirely handwoven as set out below:
1. The lambs are sheared
2. The wool is washed
3. The wool is carded
4. The wool is spun
5. The wool is dyed
6. The wool is warped and placed in the loom
7. The wool is woven to specific measurements
The smallest sample measures 22 1/2 by 25 inches and has a
black and red geometrical design woven throughout. The shorter
sides are capped by a one inch natural colored fringe, and the
longer ones have an overwrapped edge which is given shape by an
inner length of rope.
The second sample is multicolored, and constructed in the
same way except that it measures 40 x 23 inches, features stripes
in addition to the geometric designs, and has a sparse 3 inch
fringe which is twisted and knotted.
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The largest sample measures 56 x 20 inches, is brightly
colored with varying stripes and geometric designs, has sparse
twisted fringe and a double row of overwrapped rope edging.
You assert that these are handmade cottage industry
products, made of handloomed fabric, and therefore exempt from
the visa requirements of the Bilateral Agreement between the
United States and Mexico. You believe that a Textile Entry
Certification will be sufficient for importation of these goods.
ISSUE:
What is the appropriate classification of the rugs at issue,
and are they properly excludable from visa requirements as
handwoven products made of handloomed fabric.
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is determined in
accordance with the General Rules of Interpretation (GRI), taken
in order. GRI 1 provides that classification shall be determined
according to the terms of the headings and any relative section
or chapter notes.
Heading 5702, HTSUSA, provides for carpets and other textile
floor coverings which are woven. This heading includes certified
handloomed and folklore products. But, in order to qualify as
exempt, the Committee for the Implementation of Textile
Agreements (CITA) has required that one of the four conditions
set forth below must be met by textile articles exported from
Mexico (see, Federal Register, Vol. 53, No. 165, August 25, 1988
and VBT-88-76 dated Jan 10, 1989):
1) Handloomed fabric
2) A handmade cottage industry product made of
handloomed fabric
3) A properly marked commercial sample shipment valued
at $250 or less
4) A particular traditional folklore handicraft textile
product or products which have been mutually agreed
to and so designated for exemption
However, the directive states that wool carpets do not fall in
any of the above requirements (unless they are properly marked
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commercial samples valued at $250 or less) and are therefore
disqualified for an exempt certificate. Moreover, although these
tapestries are 100 percent handloomed, in order to be considered
a handmade cottage industry product they must be made of fabric
which is also handloomed.
HOLDING:
The merchandise at issue is not exempt from visa and quota
requirements; a Mexican export visa must accompany these goods
upon presentment for entry into the United States.
Classification of this merchandise is proper under
subheading 5702.10.9010, HTSUSA, 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 handwoven rugs: "Kelem", "Schumacks",
"Karamanie", and similar handwoven rugs: other, of wool or fine
animal hair, textile category 465, and dutiable at the rate of
4.9 percent ad valorem.
Due to the changeable nature of the statistical annotation
and the restraint (quota/visa) categories applicable to textile
merchandise, your client should contact its local Customs office
prior to importation of this merchandise to determine the current
status of any import restraints or requirements.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that your client check, close to the time of shipment,
the Status Report on Current Import Quotas (Restraint Levels), an
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division