HQ 0952368 - Folklore apparel from Mexico. Hand-loomed; cottage industry - United States International Trade Commision Rulings

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HQ 952368

May 25, 1993

CLA-2 CO:R:C:T 952368 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3030, 6206.30.3040, 6211.41.0050, 6214.90.0010

Mr. William Cain
Chairman
Cain Customs Brokers, Inc.
Progreso International Bridge
P.O. Box 10
Progreso, TX 78579

RE: Folklore apparel from Mexico. Hand-loomed; cottage industry

Dear Mr. Cain:

This is in reply to your letter of July 17, 1992. That letter concerned the tariff classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of textile products, produced in Mexico. Please reference your client Carolyn Bell Imports.

FACTS:

The merchandise at issue consists of five items of ladies' woven apparel. You state that the items are handmade and crafted by tribal groups in artist's cooperatives in remote villages. You inquire as to exemption from quota/visa requirements for folklore articles.

Exhibit A, model Tzotzil, is a ladies' blouse manufactured from a woven cotton fabric. The pullover features a square neckline, no sleeves, and a heavily embroidered yoke and shoulder area. Exhibit B, model Tzotzil, is a ladies' vest manufactured from a coarse, hairy, woven wool fabric. The vest features no sleeves, a tie closure, and embroidery. Exhibit C, model Mazatecs, is a ladies blouse manufactured from a lightweight woven cotton fabric. The pullover features 3/4-length sleeves, a wide, round neckline, and embroidery. Exhibit D, model Triquis, is a ladies' dress manufactured from a 100% cotton fabric. The dress is constructed from a rectangular tube with a hole for the head. The dress features a capped neckline, simulated sleeves formed by satin and lace narrow fabrics, and significant amounts of embroidery depicting birds and geometric patterns. Exhibit E, model Mixtecs, is a shawl manufactured from a 100% woven cotton fabric. The shawl measures 72 x 24 inches and features a 5 inch fringe. The model name denotes the name of the tribe which specializes in producing the article.

ISSUE:

How are these articles classified under the HTSUSA? Are the articles of apparel subject to quota/visa restrictions?

LAW AND ANALYSIS:

Additional U.S. Note 2 to Section XI, HTSUSA, defines the term "Certified hand-loomed and folklore," for classification and duty purposes, as "such products [that] have been certified, in accordance with procedures established by the United States Trade Representative..., by an official of a government agency of the country where the products were produced, to have been so made." Liquidation under any of these particular folklore subheadings in contingent upon a bilateral agreement established by the USTR. Currently, there is no agreement with Mexico that would qualify any article to be classified in the "certified handloomed and folklore" subheadings. Under the newly negotiated North American Free Trade Agreement (NAFTA), however, there is an arrangement to include this type of merchandise under the "certified handloomed and folklore" subheadings. For further information on this matter, please contact our Office of Trade Operations, at the number given below.

Classification

Exhibit A

Subheading 6206.30.30, HTSUSA, provides for women's or girls' woven cotton blouses, shirts and shirt-blouses.

Exhibit B

Subheading 6211.41.00, HTSUSA, provides for other women's and girls' garments of wool, including vests.

Exhibit C

Subheading 6206.30.30, HTSUSA, provides for women's or girls' woven cotton blouses, shirts and shirt-blouses.

Exhibit D

Subheading 6204.42.30. HTSUSA, provides for women's and girls' woven cotton dresses.

Exhibit E

Subheading 6214.90.0010; HTSUSA, provides for, inter alia, shawls of cotton.

Quota/Visa Exemption

U.S. Statistical Note 1 to Section XI, HTSUSA, states:

Restraints under the Arrangement regarding International Trade in Textiles may not apply to developing country exports of "hand-loomed and folklore products" which have been certified, in accordance with procedures established by the Committee for the
Implementation of Textile Agreements pursuant to international understandings, by an official of a government agency of the country where the products were produced, to have been so made.

The folklore agreements covering textile products have three separate provisions. Currently, all three provisions are included in the bilateral agreement between the United States and Mexico. Therefore, in order for Mexican products to qualify as exempt from restraints, the products must be:

1) handloomed fabric,
2) handmade cottage industry products made from handloomed fabric, or
3) a particular folklore handicraft textile product as agreed upon by the Governments of the U.S. and Mexico.

Of the "Mexican Items," which are traditional Mexican products, cut, sewn or otherwise fabricated by hand in cottage units of the cottage industry, only Rebozo, a long, narrow shawl, woven by hand in single or multi-colored designs with fringe edges or ends of edges hand-knotted, is applicable to your merchandise. Should you wish the complete listing of "Mexican Items" eligible for folklore exemptions, please contact the U.S. Customs Service, Office of Trade Operations, Textiles and Metal Products Branch, at (202) 927-0705, and request information on the "Revised Textile Visa Agreement for Mexico, Including Special Regime."

HOLDING:

As a result of the foregoing, the merchandise at issue is classified as follows:

Exhibits A & C

... under subheading 6206.30.3040, HTSUSA, textile category 341, as women's woven cotton blouses. The applicable rate of duty is 16.4 percent ad valorem.

Exhibit B

... under subheading 6211.41.0050, HTSUSA, textile category 459, as women's woven wool vests. The applicable rate of duty is 17 percent ad valorem.

Exhibit D

... under subheading 6204.42.3030, HTSUSA, textile category 336, as women's woven cotton dresses with two or more colors in the warp or filling. The applicable rate of duty is 12.6 percent ad valorem.

Exhibit E

... under subheading 6214.90.0010, HTSUSA, textile category 359, as shawls of cotton. The applicable rate of duty is 12 percent ad valorem.

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 negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available 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 importing the merchandise to determine the current status of any import restraints or requirements.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant, Director
Commercial Rulings Division

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