CLA-2-57:OT:RR:NC:TA:349
Ms. Melissa Hermann
Williams-Sonoma, Inc.
151 Union Street
Ice House One, 7th Floor
San Francisco, CA 94111
RE: The tariff classification of a rug from India
Dear Ms. Hermann:
In your letter dated August 21, 2008 you requested a classification ruling.
The submitted sample is referred to as the Pottery Barn Metallic Dhurrie Rug, Parent SKU# 6136865. The rug will be imported in various sizes including 3 x 5, 2.5 x 9, 5 x 8 and 8 x 10 feet. It is made from 52 percent cotton, 35 percent wool, 10 percent viscose and 3 percent other. The rug has a large center panel enclosed by two border stripes. The warp yarns extend to form a fringe. It is hand-woven with shared warps in a manner similar to a Kelem type construction. The warp yarns are cotton while the weft consists of cotton yarns, wool yarns and a metallic braided yarn. The cotton makes up the inner border stripe and the wool and metallic make up the center panel and outer border stripe.
The braided metallic yarn consists of a cotton core covered with 6 plies of metalized polyester strip and 5 plies of viscose. A yarn that contains any amount of metal is regarded in its entirety as "metalized yarn” for tariff purposes. Thus the determination of which textile material predominates by weight is based not on the actual weight of metal but on the actual weight of all yarns that contain metal. In this case, the weight of the cotton and viscose included in the yarn are added to the metalized strip to attain the weight of the metalized yarn. You indicate that after combining these components, the Metallic Dhurrie rug is composed of 35 percent wool, 34 percent metallic and 31 percent cotton.
In your letter you suggest classification under subheading 5702.91.3000 as a non-pile, made up rug of wool. That classification would be correct except for the special construction of this rug. Although the design is simple, the rug is made in the manner similar to a Kelem. The weft yarns are discontinuous. They do not pass from edge to edge unless the pattern calls for a full width line of that color or yarn. The weft yarns are woven through a number of warp yarns and then loop back around when they reach a section where a new color weft is needed. The rug will be classified in the provision for Kelems and similar hand-woven rugs.
The applicable subheading for the Metallic Dhurrie rug will be 5702.10.9010, 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: “Kelem,” “Schumacks,” “Karamanie” and similar hand-woven rugs: other… of wool or fine animal hair. The duty rate will be Free.
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/.
The rug falls 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