Protest No. 3801-9-002103, on classification of women's 100 percent cotton garments

HQ 086398 February 15, 1990 CLA-2:CO:R:C:G 086398 DRR CATEGORY: Classification TARIFF NO.: 384.49 District Director of Customs 55 East Monroe Street Chicago, Illinois 60603-5790 Re: Protest No. 3801-9-002103, on classification of women's 100 percent cotton garments Dear Sir: This is our decision on an Application for Further Review of Protest No. 3801-9-002103, filed by Ocean, Inc., on June 23, 1989, on classification of merchandise invoiced as 100 percent cotton ready-made garments, not ornamented, under Tariff Schedules of the United States (TSUS) item 384.49. The merchandise was entered on February 17, 1988. No sample was forwarded to headquarters. FACTS: The merchandise at issue consists of sixty cartons of white dresses, described as having been manufactured in the cottage industry of Pakistan. The entry documents were presented as a non-release entry with a textile visa for category 336. The merchandise was certified by the Chamber of Commerce and Industry of Karachi, Pakistan as "PAKISTAN ARTS HANDICRAFTS." A Single Country Declaration also accompanied the entry. The importer maintains that the documentation provided is sufficient to classify the merchandise under TSUS 384.4510. Customs Form 29, Notice of Action was issued February 28, 1988, informing the importer of the rate advance. ISSUE: Whether the garments at issue are handloomed folklore products classifiable under TSUS item 384.4510. - 2 - LAW AND ANALYSIS: The merchandise in question does not qualify for treatment as handloomed and folklore products for a number of reasons. The U.S. Trade Representative has implemented no procedure or bilateral agreement under the TSUS for garments to qualify for entry as handloomed and folklore products. Furthermore, the merchandise itself does not meet the requirements for handloomed and folklore products. Samples submitted to the District office show that the garments received considerable processing by machine. HOLDING: The garments at issue were properly classified under TSUS item 384.4925, with a duty rate of 12 percent ad valorem. Accordingly, you should deny the protest in full. A copy of this decision should be sent to the protestant along with the Form 19 Notice of Action. Sincerely, John Durant, Director Commercial Rulings Division cc: 6 A.D., N.Y. Seaport D. Rimmer library/peh 085965