The tariff classification of carpet from The Netherlands

NY J80080 January 29, 2003 CLA-2-57:RR:NC:TA:349 J80080 CATEGORY: Classification TARIFF NO.: 5705.00.2015 Ms. Sandra Newsome Couristan Two Executive Drive Fort Lee, NJ 07024 RE: The tariff classification of carpet from The Netherlands Dear Ms. Newsome: In your letter dated December 20, 2002, received by this office on January 16, 2003, you requested a tariff classification ruling. You submitted a swatch of “UltraBraid” carpeting. The surface of the carpet is 100 percent wool and the construction is referred to as Fusion Bonded. The sample consists of a tubular wool braid and a woven jute base fabric. The carpet is not woven, tufted or knotted but is constructed by gluing the wool braid to the base fabric. By forming the braid in loops and gluing the bottom of the loop to the base fabric, the carpet has the appearance of a loop pile. In your letter you suggest classification under 5703.10.0020, HTS. That subheading provides for hand-tufted carpets. The wool braid is not inserted into (tufted) the base but rather glued to the surface. The sample can not be classified as a tufted carpet. The applicable subheading for the “UltraBraid” Fusion Bonded carpet will be 5705.00.2015, Harmonized Tariff Schedule of the United States (HTS), which provides for other carpets and other textile floor coverings, whether or not made up: other… of wool or fine animal hair: other. The duty rate will be 3.6 percent ad valorem. 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