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HQ 086145

March 6, 1990

CLA-2 CO:R:C:G 086145 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6301.30.0010

Art Morales
Impressions Imports, Inc.
3214 Skylane Drive
Carrollton, TX 76005

RE: Applicability of Quota Restraint on Lap Rugs from India

Dear Mr. Morales:

On November 13, 1989, a classification ruling was issued (NYRL 846411) classifying a hand woven lap rug in subheading 6301.30.0010, Harmonized Tariff Schedule of the United States Annotated, which provides for blankets and traveling rugs, blankets (other than electric blankets) and traveling rugs, of cotton, woven. You ask that we review the applicability of quota restraints to this merchandise, which you believe is exempt from such restraints as a product of India.

FACTS:

The product at issue is described in your letter as a handwoven lap rug made of 100 percent white cotton with a diagonal weave, produced in various sizes. It is primarily used for warmth.

ISSUE:

Whether a hand woven lap rug from India is exempt from quota restraints pursuant to the United States and India Bilateral Textile Agreement?

LAW AND ANALYSIS:

In order for a product of India to acquire exempt status under the United States and India Bilateral Textile Agreement, it must be includable within Annex D of the Agreement, which states as follows:

1. The exemption provided for in paragraph 6 of the Agreement shall apply only to the following products:

(A) Handloom fabrics of the cottage industry of India

(B) Hand-made textile products made in the cottage industry of India from fabrics referred to in (A) above.

(C) Hand-made apparel products made in the cottage industry of India from fabrics referred to in (A) above.

(D) Traditional folklore handicraft textile products made in the cottage industry of India as defined in the list of "India Items" agreed between both the parties and attached herewith at Annex E.

2. Exemption shall be granted only for products covered by an exempt certificate issued by the competent Indian authorities in accordance with the visa and certification systems agreed to between the two parties and attached to this Agreement at Annex F. However, for the duration of the current Agreement, exports of products in categories 335, 336/636, 342, 347/348 are not exempt, and will be subject to quantitative limits established under the Agreement.

Pursuant to a directive from the Committee for the Implementation of Textile Agreements ("CITA") dated February 14, 1990, the visa requirements for India have been amended. Effective February 22, 1990, hand-made handloom made-up articles, produced or manufactured in India and exported from India on and after January 1, 1989, shall no longer be exempt from quota or visa requirements. Also, visas are required for shipments of hand-made handloom made-up articles produced or manufactured in India and exported from India on and after January 1, 1990. The following part categories have been effected:

369-D HTS Nos. 6302.60.0010, 6302.91.0005, and 6302.91.0045.

369-S HTS No. 6307.10.2005

369 All remaining HTS numbers in category 369

The subject lap rug falls into the textile category designation 369. Based on the CITA directive referenced above and international textile trade agreements, such products of India are subject to visa requirements and quota restraints.

Sincerely,

John Durant, Director
Commercial Operations Division

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