CLA-2-57:RR:NC:TA:349 G81842
Mr. Bill Ward
International Marketing Services
1102 W. Horatio St.
Tampa, Florida 33606
RE: The tariff classification of rugs, tablecloth, napkin and placemat from India.
Dear Mr. Ward:
In your letter dated September 1, 2000 you requested a classification ruling.
You submitted three rugs and a swatch of fabric. Item P-15 is a rug stated to be made from 100 percent jute yarns. The different colored weft and warp yarns are woven to form a zigzag pattern. This rug measures 20 x 33 inches excluding a 3 inch knotted fringe formed by the warp yarns. Item P-19 is a rug made from 100 percent cotton yarns. It measures 24 x 35 inches excluding a 2 inch knotted fringe formed by the warp yarns. The rose and gray warp and weft yarns create a geometric pattern. The third rug is made from 100 percent cotton yarns. It measures approximately 25 x 39 inches, exclusive of a 2.5 inch fringe formed by the warp yarns. One side is printed with a bull and the phrases “Raging Bull” and “Leading the Investor Revolution”. The submitted fabric swatch is made from 100 percent cotton. The woven fabric is yarn dyed and contains sections made with a twill weave. This swatch will be made into a placemat that will measure 12 x 19 inches. You have indicated that this item will also be made into a tablecloth and a napkin.
The applicable subheading for the rug made of jute (item P-15) will be 5702.99.2000, 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: other. The rate of duty will be 3.7 percent ad valorem.
The applicable subheading for the cotton rugs (item P-19 and the third rug) will be 5702.99.1010, 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 7.2 percent ad valorem.
The applicable subheading for the tablecloth and napkin will be 6302.51.3000, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of cotton: tablecloths and napkins: other: other. The rate of duty will be 6.1 percent ad valorem.
The applicable subheading for the placemat will be 6302.51.4000, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of cotton: other. The rate of duty will be 6.7 percent ad valorem.
The cotton rugs, tablecloth, napkin and placemat fall within textile category designation 369. Presently, floor coverings from India classified in subheading 5702.99.1010, HTS, do not require a visa, or exempt certification, and are not subject to quota. The tablecloth, napkin and placemat are subject to the requirement of a visa.
Subheading 5702.99.1010, HTS, is not currently assigned a category designation and items classified therein are not subject to the requirements of quota or visa.
In your letter, you inquire about the cardboard tags attached to items P-15 and P-19 and the marking. The other items are not marked. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. The tags attached to items P-15 and P-19 were torn and falling off when received by this office. Section 134.44(c) of the Customs Regulations notes that when tags are used, they must be attached in a conspicuous place and in a manner which assures that unless deliberately removed they will remain on the article until it reaches the ultimate purchaser. As the submitted tags were not securely affixed, they would not be an acceptable form of marking for the rugs.
Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.
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 212-637-7078
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division