N014500

July 31, 2007

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

CATEGORY: Classification

TARIFF NO.: 5702.42.2020

Courtney Cabin

Phoenix International Freight Services, Ltd.

855 IL Route 83

Bensenville, IL 60106-1219

RE: The tariff classification of rugs from India

Dear Ms. Cabin:

In your letter dated July 17, 2007 you requested a classification ruling
on behalf of School Specialty Incorporated.

The submitted samples, identified as Sensory rug RR-68 and RR-58, are
woven pile rugs. Sensory rug RR-68 has long and short yarns that are
made from man-made fiber. It includes a secondary backing that is held
in place with an adhesive. The rug measures 18.5 x 19.5 inches. The pile
on Sensory rug RR-58 is made from man-made fiber tubular braid yarns.
The rug is measures 28 x 29 inches and features a anti-skid backing.

The applicable subheading for the RR-68 and RR-58 will be 5702.42.2020,
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 man-made textile materials: other... not made on a
power-driven loom. 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/.

Both rugs fall within textile category 665. 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certain products of China, quota/visa requirements are no longer
applicable for merchandise which is the product of World Trade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. The textile category number above
applies to merchandise produced in non-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.

You specifically ask about a possible secondary classification of these
items in HTSUS 9817.00.96 as articles for the handicapped.

You state that these sensory rugs will be used in the "treatment of
autistic children."  However, we find by a review of the www that
similar sensory rugs are routinely purchased for normally developing
babies and very young children, likewise for their comforting and
sensory exploration features.  Therefore, you have not established that
these items are specially designed for the use or the benefit of
physically or mentally handicapped persons so a secondary classification
in HTSUS 9817.00.96 will not apply.

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 9817.00.96 status of
the items, contact National Import Specialist J. Sheridan at
646-733-3012.  For any other questions regarding this request, contact
National Import Specialist John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division