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

Melissa S. Bautch
Ashley Furniture Industries, Inc.
One Ashley Way
Arcadia, WI 54612

RE: The tariff classification of various rugs from India

Dear Ms. Bautch:

In your letter dated October 12, 2007 you requested a classification ruling.

You submitted swatches of five rugs representing item nos. R10300x, R14500x, R21300x, R15400x and R03100x. The rugs will be available in 5’ x 8’ and 8’ x 11’ sizes. The “x” in the item number refers to the size, with 1 for 8 x 11 and a 2 for the 5 x 8 rugs. Item R10300x “Walden – Camerra” is a hand-woven rug. The pile face of the rug is made 100 percent wool yarns and appears to be a velvet construction. It has a secondary backing fabric and the edges are bound.

Item number R14500x “Cancion – Red” is made from 100 percent cotton chenille pile yarns. The edges are turned and taped. It has a secondary backing. The woven rug is made with a Wilton construction.

Item numbers 21300x “Alvarado – Clove “, R15400x “Cubit – Dark Meadow Green” and R03100x “Taraz Sofia – Black/Gold” are all hand-tufted rugs. The face of the rug is made from 100 percent wool yarns tufted into a pre-existing base fabric. The rugs feature a secondary backing fabric.

In your letter you suggest classification of R10300x “Walden-Camerra” under subheading 5702.41.2000. The rug appears to be of a velvet type construction and will be classified accordingly.

The applicable subheading for item numbers R10300x “Walden – Camerra” and R14500x “Cancion – Red” will be 5702.41.1000, Harmonized Tariff Schedule of the United States (HTSUS), 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 wool or fine animal hair: Wilton (including Brussels) and velvet (including tapestry) floor coverings and floor coverings of like character or description. The duty rate will be Free.

The applicable subheading for item numbers Item numbers 21300x “Alvarado – Clove “, R15400x “Cubit – Dark Meadow Green” and R03100x “Taraz Sofia – Black/Gold” will be 5703.10.2000, HTSUS, which provides for carpets and other textile floor coverings, tufted, whether or not made up: of wool or fine animal hair: hand-hooked, that is, in which the tufts were inserted by hand or by means of a hand tool. The duty rate will be 6 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/.

All of the rugs fall within textile category 465. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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