CLA-2-57:S:N:N6:349 881707
Mr. Herbert T. Posner
Weltz & Posner
350 Fifth Avenue, Suite 7610
New York, NY 10118
RE: The tariff classification of woven rugs from India.
Dear Mr. Posner:
In your letter dated January 12, 1993, you requested a
tariff classification ruling on behalf of Hayim & Company of
Hempstead, New York.
The submitted samples consist of three styles of 100 percent
cotton rugs which are stated to be hand-loomed. Style "Brandon"
is a flat-woven rug that measures approximately 29 by 43 inches
excluding a 2-1/2 inch knotted fringe at each end of the warp
yarns. The rug has a slightly raised alternating rectangular
pattern produced by varying the float of the weft yarns.
Style "Arrowhead" is a woven pile rug that measures
approximately 29 by 47 inches excluding a 2 inch knotted fringe
at each end of the warp yarns. The rug has a 1-1/2 inch flat-
woven section on all four sides. The balance of the face of the
rug consists of triangles of looped pile separated by flat-
woven sections. The loop pile is formed by the weft yarns.
Style "Dorset" is a woven rug with a jacquard design which
you refer to as a tapestry pattern. The rug measures
approximately 46 inches in length excluding the 2-1/4 inch
knotted fringe at each end of the warp yarns. The rug measures
approximately 27 inches in width excluding the 1-1/4 inch fringe
at either end of the weft yarns. Yarns of several different
colors are used for both the warp and the weft.
You have suggested that these three rugs are similar in
appearance to the style of carpet known as "Kelem" and should be
classified as such under subheading 5702.10.10, Harmonized Tariff
Schedule of the United States. We disagree. Kelems, Schumacks and
similar rugs contain designs produced with weft yarns of
different colors. For any given line of weft, there may be
several weft yarns of different colors, each extending only
partially across the rug. Where two colors join, the two
different weft yarns may intersect at a common warp yarn. If the
two weft yarns end at different warp yarns, a slight gap between
the colors is produced. Within a design, when a weft yarn reaches
the edge of the design, it may drop to the next line of weft to
continue within the design or may merely terminate and extend
from the back of the rug. The submitted samples do not exhibit
this type of construction.
The applicable subheading for styles "Brandon" and "Dorset"
will be 5702.99.1010, Harmonized Tariff Schedule of the United
States (HTS), 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 hand-
woven rugs: other, not of pile construction, made up: of other
textile materials: of cotton...woven, but not made on a power-
driven loom. The rate of duty will be 7.7 percent ad valorem.
Styles "Brandon" and "Dorset" fall within textile category
designation 369. Based upon international trade agreements,
floor coverings from India classified under subheading
5702.99.1010, HTS, do not require a visa, or exempt
certification, and are not subject to quota restraints.
The applicable subheading for "Arrowhead" will be
5702.49.1090, HTS, 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
hand-woven rugs: other, of pile construction, made up: of other
textile materials: of cotton...other. The rate of duty will be
4.2 percent ad valorem.
"Arrowhead" falls within textile category designation 369.
Based upon international textile trade agreements products of
India are subject to quota restraints and visa requirements.
The designated textile and apparel categories 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 you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels),an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport