CLA-2-57:S:N:N6:349 896709

Ms. Phyllis A. Matyi
Attorney At Law
P.O. Box 426
Larkspur, CA 94939

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a wool rug from Mexico.

Dear Ms. Matyi:

In your letter dated April 1, 1994 you requested a ruling on the status of a wool rug from Mexico under the NAFTA.

You submitted a representative sample of a flat-woven rug. It will be made of 100 percent wool yarns which are dyed and spun from originating wool fiber. There is a 1/2 inch fringe formed by the warp yarns. The rug has a Zapotec Indian geometeric design. The design is woven into the rug through the use of weft threads of different colors which do not run the entire width of the rug. In your letter, you indicate the rug will vary in size ranging from 23 by 30 inches, 23 by 37 inches, 36 by 48 inches, and possibly up to 10 by 12 feet. As requested the sample is being returned.

The applicable tariff provision for the rug will be 5702.10.9010, Harmonized Tariff Schedule of the United States Annotated (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 hand-woven rugs: "Kelem", "Schumacks", "Karamanie" and similar hand-woven rugs: other... of wool or fine animal hair. The general rate of duty will be 4.9 percent ad valorem.

The rug, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 4.4 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport