CLA-2-57:OT:RR:NC:N3:349
Mr. Michael Pipitone
John F. Kilroy Co., Inc.
1 Cross Island Plaza
Suite 203 E
Rosedale, NY 11422
RE: The tariff classification of textile floor coverings from India
Dear Mr. Pipitone:
In your letter dated June 12, 2017, you requested a tariff classification ruling on behalf of your client, Stanton Carpets. Five swatches, each approximately 4-inches square, representing the floor coverings were submitted. The swatches will be retained by this office.
Each of the carpets will be imported in 15 foot wide rolls with lengths ranging from 70 to 85 feet. Cut samples of the carpets, in the following sizes will also be imported: 8 x 6 inches, 8 x 12 inches, 8 x 13 inches, 9 x 9 inches, 12 x 12 inches, 11 x 16 inches, 13 x 18 inches, 16 x 24 inches and 27 x 18 inches. Each sample will have the edges hand serged. You provided the value of each of the sample sizes by style and stated these samples are not marked, torn, perforated or otherwise treated so that they are unsuitable for sale or for use otherwise than as a sample.
Style Eureka is a flat woven floor covering. The specification sheet states that this floor covering is hand-loomed and that the face is made from 51 percent wool and 49 percent nylon yarns. The face of the floor covering is formed by interlacing two coarse warp yarns with two coarse weft yarns to form a basket weave pattern. The back is coated with an adhesive and a backing is applied.
Style Conventry Cord is a woven pile floor covering. The specification sheet states that this floor covering is hand woven on a pit loom. The face is made from coarse 51 percent wool and 49 percent tencel yarns. The warp and weft yarns interlace. The coarse weft yarns form rows of loops alternating with a herringbone pattern formed by two sets of two 2-yarn bundles traversing over and under one another in opposite directions. The back is coated with an adhesive and a backing is applied.
Style Prestwick is a flat woven floor covering. The specification sheet states the face of this floor covering is made from 60 percent tencel and 40 percent wool yarns. The surface pattern is formed by interlacing two thick weft yarns with a warp yarn to form a plain weave. The back is coated with an adhesive and a woven synthetic primary backing and a woven cotton secondary backing are applied. The edges are bound.
Style Bedford Cord is a floor covering of which the face alternates between a woven and chainstitched pattern. The specification sheet states the face of this floor covering is made from 70 viscose and 30 percent wool yarns. The back is coated with an adhesive and a woven synthetic primary backing and a woven cotton secondary backing are applied. The edges are bound.
Style Daisy Shah (Thrive) is a flat woven floor covering. The specification sheet states that this floor covering is hand woven on a pit loom. The face is made from 51 percent wool and 49 percent polyester yarns. Two coarse differently colored yarns are twisted together to form a herringbone pattern on the face of the rug. These yarns interlace with the warp yarns. The back is coated with an adhesive and a backing is applied.
Due to the fact that styles Eureka, Coventry Cord and Daisy Shah (Thrive) are constructed from a 49/51 blend of fibers, please note that the slightest change in the fiber content may result in a change of classification. The floor coverings may be subject to Customs and Border Protection (CBP) laboratory analysis at the time of importation and if the floor coverings are other than a 49/51 blend they may be reclassified by CBP at that time.
The applicable subheading for styles Eureka and Daisy Shah (Thrive) in broadloom form will be 5702.50.2000, 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, not of pile construction, not made up: Of wool or fine animal hair: Woven, but not made on a power-driven loom.” The duty rate will be 4.3 percent ad valorem.
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The applicable subheading for style Prestwick in broadloom form will be 5702.50.5200, 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, not of pile construction, not made up: Of man-made textile materials.” The duty rate will be 4.7 percent ad valorem.
The applicable subheading for style Conventry Cord in broadloom form will be 5702.31.2000, 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, not made up: Of wool or fine animal hair: Other.” The duty rate will be 4 percent ad valorem.
The applicable subheading for style Bedford Cord in broadloom form will be 5705.00.2030, HTSUS, which provides for “Other carpets and other textile floor coverings, whether or not made up: Other: Of man-made fibers.” The duty rate will be 3.3 percent ad valorem.
All of the styles in the larger sample sizes, those measuring 16 x 24 inches and 27 x 18 inches, are suitable for use as a floorcovering such as a door mat and will be classified as a floor covering in Chapter 57, HTSUS.
The applicable subheading for the samples of styles Eureka and Daisy Shah (Thrive), measuring 16 x 24 inches and 26 x 18 inches, will be 5702.91.3000, 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 handwoven rugs: Other, not of pile construction, made up: Of wool or fine animal hair: Woven, but not made on a power driven loom: Other.” The rate of duty will be 4.3 percent ad valorem.
The applicable subheading for the samples of style Conventry Cord, measuring 16 x 24 inches and 27 x 18 inches, will be 5702.41.2000, 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: Other.” The duty rate will be Free.
The applicable subheading for the samples of style Prestwick, measuring 27 x 18 inches, will be 5702.92.1000, 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, not of pile construction, made up: Of man-made textile materials: Woven, but not made on a power-driven loom.” The duty rate will be 2.7 percent ad valorem.
The applicable subheading for samples of style Bedford Cord, measuring 27 x 18 inches, will be 5705.00.2030, HTSUS, which provides for “Other carpets and other textile floor coverings, whether or not made up: Other: Of man-made fibers.” The duty rate will be 3.3 percent ad valorem.
Based on the values you provided for each of the samples, only the 8” x 6” Bedford Cord is valued less than $1.00. The applicable subheading for style Bedford Cord, size 8” x 6”, will be 9811.00.60, HTSUS, which provides for “Any sample (except samples covered by heading 9811.00.20 or 9811.00.40), valued not over $1 each, or marked, torn, perforated or otherwise treated so that it is unsuitable for sale or for use otherwise than as a sample, to be used in the United States only for soliciting orders for products of foreign countries.” The duty rate will be Free.
The applicable subheading for the remaining samples of styles Eureka, Daisy Shah (Thrive), Prestwick and Coventry Cord, measuring 8 x 6 inches, 8 x 12 inches, 8 x 13 inches, 9 x 9 inches, 12 x 12 inches, 11 x 16 inches and 13 x 18 inches, and style Bedford Cord, measuring 8 x 13 inches, 9 x 9 inches, 11 x 16 inches and 13 x 18 inches, will be 6307.90.9889, HTSUS, which provides for “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The duty rate will be 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 the World Wide Web at https://hts.usitc.gov/current.
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 Kim Wachtel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division