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

Mr. Thomas Korpolinski
NearNorth Customs Brokers US Inc.
300 International Dr/#100
Williamsville, NY 14221

RE: The tariff classification of carpeting and carpet tiles from Germany

Dear Mr. Korpolinski:

In your letter dated December 6, 2012 you requested a tariff classification ruling on behalf of Floorworks International Ltd.

The submitted carpeting swatches are identified as Samples A – E. Sample A is a flat woven carpet made from nylon yarns. It has a uniform ridged surface. An adhesive and secondary backing are applied to the back.

Sample B is a flat woven carpet made from nylon yarns. The yarns create an alternating high and low ridged surface. A non-woven backing referred to as fleece is bonded to the back.

Sample C is a flat woven carpet made from nylon yarns. The yarns feature a ridged surface in a staggered effect that is created by changing the length of the floats. It has no backing.

Sample D is a needle-loomed felt tile. It is made from nylon fibers. The tiles measure 50 x 50 centimeters.

Sample E is a flat woven carpet. It is made from nylon yarns. This carpet is similar in construction with to Sample A with the exception of a tighter weave. Samples A, B, C and E are not of pile construction and are imported in 8 to 10 foot wide rolls.

The applicable subheading for Samples A, B, C and E will be 5702.50.5200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for carpets and other textile floor coverings, woven, not tufted of flocked, whether or not made up, including "Kelem," "Shucmacks," "Karamanie" and similar hand-woven rugs: other, not of pile construction, not made up: of man-made textile materials. The rate of duty will be 4.7 percent ad valorem.

The applicable subheading for Sample D will be 5704.10.0090, HTSUS, which provides for carpets and other textile floor coverings of felt, not tufted or flocked, whether or not made up: tiles, having a maximum surface area of 0.3m2…other. The rate of duty will be 4.7 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/.

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,

Thomas J. Russo
Director
National Commodity Specialist Division