Hand crocheted woman's cotton garment imported from India; not "India Item" exempt from quota

HQ 961371 March 29, 1999 CLA-2 RR:CR:TE 961371 ASM CATEGORY: Classification Tariff No.: 6110.20.2020 S.K. Sadh V.R.S. Industries, Inc. 1385 Broadway Suite #1509 New York, NY 10018 RE: Hand crocheted woman's cotton garment imported from India; not "India Item" exempt from quota Dear Sir/Madam: This letter concerns your request for a binding ruling 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 garment of cotton, identified as Style #1014. The importer states that the garment is constructed of hand crocheted, dyed thread and will be imported in various colors, prints, and fabrics. This article is a cardigan style top ending at the waist. It has a scoop neck, short sleeves, and decorative crocheted scallop edging at the neck, sleeves, and waist. There are four buttons and holes forming a cardigan style closure in the front. The garment is constructed of a loose/open crochet stitch and has no lining. This gives the garment a see-through appearance which would require an additional undergarment for modesty. 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 "Sweaters,... knitted or crocheted: Of cotton... "in subheading 6110.20.2020, 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 yarn. With respect to the subject article, we note that the top is not typical of the traditional "choli" which, for reasons of modesty, never appears in a hand-crocheted design. 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 "Sweaters, knitted or crocheted, of cotton: Other: Other: Sweaters: Women's", subheading 6110.20.2020, HTSUSA. The duty will be 18.6 percent ad valorem under the general column one rate. The textile restraint category is 345. The designated textile and apparel category may be subdivided into pans. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since pan 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