Woman's woven garment imported from India; not "India Item" exempt from quota

HQ 961350 April 6, 1999 CLA-2 RR:CR:TE 961350 ASM CATEGORY: Classification Tariff No.: 6211.43.0078 Mr. David R. McCauley Import Manager ASG USA 370 McClellan Highway East Boston, MA 02128 RE: Woman's woven garment imported from India; not "India Item" exempt from quota Dear Mr. McCauley: This letter concerns your request for a binding ruling on behalf of your client, Tradewinds Textiles, Inc., on an item identified as a woman's garment made in India. Specifically, your ruling request concerns whether or not the subject item would qualify as an "India Item" under the United States/India bilateral textile agreement which would exempt the item from quota. FACTS: The subject article is a woman's top constructed of 100 percent woven rayon. The garment is a short sleeve, loose fitting top that is open in the front and has a slight curve at the hem. The top falls to the waist and has no closures. The sheer fabric appears to have been hand embroidered with beads in a flower and vine design on the front. ISSUE: Whether the article would qualify as an "India Item” exempt from quota under the United States/India bilateral textile agreement. LAW AND ANALYSIS:  Classification of goods under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's taken in order. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN's), which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI's. The garment at issue is classified under the provision for "Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers; Jackets and jacket-type garments excluded from heading 6202" in subheading 6211.43.0078, HTSUSA. However, the designation as an "India Item" exempt from quota is not determined by the HTSUSA, but by language of the bilateral textile agreement between the United States and India regarding such items. The U.S./India bilateral textile agreement describes "India Items" in part, as: * * * traditional folklore handicraft textiles products made in the cottage industry. They comprise clothes, clothing accessories and decorative furnishings whose shape and design are traditionally and historically Indian. [Emphasis supplied] Annex E of the U.S./India bilateral textile agreement sets forth a specific list of 39 items which are considered traditional folklore handicraft textile products of India, i.e. , "India Items." Under Annex E, the "Choli" is defined as "A short blouse ending at or above the waist, with or without sleeves, without an out-turned collar." Further, the "Head Note" to Annex E, states that "India Items" must be ornamented in the characteristic Indian folk styles using one of the following methods: (a) handpainting (including Kalamkari) or handprinting or handicraft tie and dye or handicraft Batik, (b) embroidered or crocheted ornamentation, (c) applique work of sequins, glass or wooden beads, shells, mirrors or ornamental motif of textile and other, (d) extra weft ornamentation of cotton, silk, zari (metal thread in gold/silver) wool or any other fibre yam. With respect to the subject article, we note that the top is not typical of the traditional "choli" which never appears with an open unsecured front. Although the ornamentation may be hand sewn, it is not in a pattern which is indicative of a characteristic Indian folk style. Thus, it is our determination that the subject top would not qualify as an "India Item" under the U.S./India bilateral textile agreement. If you would like additional information regarding items which are considered "India Items," exempt from quota, under the U.S./India bilateral textile agreement, we suggest you contact the Chairman of CITA. She may be reached by writing to her at: Chairman, Committee for the Implementation of Textile Agreements U.S. Department of Commerce 14th & Constitution Ave., N.W. Washington, D.C. 20230 Her office may also be contacted at (202) 482-3737. HOLDING: The subject item is not a quota exempt "India Item" under the U.S./India bilateral textile agreement. It is classifiable under the provision for "Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers; Jackets and jacket-type garments excluded from heading 6202", subheading 6211.43.0078, HTSUSA. The duty will be 16.5 percent ad valorem under the general column one rate. The textile restraint category is 635. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, The Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division