N023749

March 6, 2008

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

CATEGORY: Classification

TARIFF NO.: 5702.49.1020; 5702.99.0500

Joseph R. Hoffacker

Barthco Trade Consultants

The Navy Yard

5101 S. Broad Street

Philadelphia, PA 19112

RE: The tariff classification of various rugs from India

Dear Mr. Hoffacker:

In your letter dated February 20, 2008 you requested a classification
ruling on behalf of Big Lots Stores, Inc.

You submitted samples of four rugs. The first rug, identified as Cotton
Chenille Rug (Item \# HFC-4693), is made with 100 percent cotton yarns.
It features chenille yarns in the weft creating a checkerboard pattern.
It is hemmed on the warp ends. The rug measures approximately 30 x 42
inches.

The second rug, identified as Cotton Chenille Embroidered Rug (Item \#
HFC-103655), is made from 100 percent cotton yarns. It measures 30 x 48
inches and has chenille pile yarns in the weft. The edges of the rug are
bound with a woven fabric strip. The face of the rug features couching
and appliqué. It will be available in a variety of colors.

The third rug, identified as Cotton Rug (Item \# HFR-3268), is a flat
woven rug made from 100 percent cotton yarns. The surface design is
creating by varying the floats of the weft and warp yarns. It measures
21 x 34 inches and will be available in a variety of colors.

The fourth rug, identified as Cotton Chenille Braided Rug (Item \#
PE-SS-36), is made from 100 percent cotton yarns with chenille pile
yarns in the weft. Braided chenille yarns are inserted in the weft at
approximately 2-inch intervals. The rug measures 21 x 34 inches and will
be available in a variety of colors.

The applicable subheading for the first, second and fourth ( HFC-4693,
HFC-103655 and PE-SS-36) rugs will be 5702.49.1020, 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 other
textile materials: of cotton\... not made on a power-driven loom. The
rate of duty will be Free.

The applicable subheading for the third rug ( HFR-3268) will be
5702.99.0500, 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 other textile
materials: of cotton: woven, but not made on a power-driven loom. The
duty rate will be 6.8 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 369. 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