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HQ 957228




February 10, 1995

CLA-2 CO:R:C:T 957228 CAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081; 6203.43.4015

Mr. Bernard D. Liberati
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA 19106-3883

RE: Classification of a tunic, wooden pin, drawstring, and pants; composite good; GRI 3(b); "Pakistan Items; exempt from textile quota restraint levels and visa requirements

Dear Mr. Liberati:

This is in response to your inquiry of September 10, 1994, requesting a tariff classification ruling on behalf of your client, Mohammed Zakaria Makada, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples were submitted for examination.

FACTS:

Four items, manufactured in Pakistan, are the subject of this ruling. These items consist of a woven pair of pants and a tunic, both of which are constructed of 65 percent cotton/35 percent polyester, a knit drawstring; and a wooden pin which is used to thread the drawstring through the waist of the pants. The pants, which are referred to as Shalwar, contain a tunnel waist to accomodate a drawstring and a hemmed bottom. The drawstring is referred to as an Izarband is submitted detached from the pants. The Izarband is constructed of knit fabric that is braided on both ends. The tunic is a pullover with a shirt type collar, a partial front opening with a four button left over right means of closure, a side slit pocket on its left side, a breast patch pocket, long sleeves with shirt type button closure cuffs, and approximately two inch side slits on each side. The tunic is referred to as a Punjabi Kameez.

In addition to the proper tariff classification, you would also like a determination as to whether the articles at issue qualify for quota exempt status as "Pakistan Items" as defined in the United States/Pakistan Bilateral Textile Agreement..

ISSUES:

I. What is the proper tariff classification for the subject articles?

II. Whether the subject articles qualify as "Pakistan Items" and therefore, are exempt from quota?

LAW AND ANALYSIS:

Classification of goods under the 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.

Heading 6205, HTSUSA, provides for men's or boys' shirts. Heading 6211, HTSUSA, provides for other men's garments. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN), although not legally binding are the official interpretation of the tariff at the international level. The EN to Heading 6205, HTSUSA, state that this heading covers shirts not knitted or crocheted for men or boys including shirts with detachable collars, dress shirts, sport shirts and leisure shirts. The subject tunic does not resemble any of the enumerated shirts that are provided for under Heading 6205, HTSUSA. Moreover, while the EN do not specify a length, Customs is of the opinion that the subject garment is too long in length to resemble any of the listed shirts. As the tunic is not provided for under Heading 6205, HTSUSA, the only alternative category for tariff classification purposes is Heading 6211, HTSUSA, as an other garment See Headquarters Ruling Letter (HRL) 954402, dated August 23, 1994, where Customs determined that the shirt therein was not classifiable under Heading 6205, HTSUSA, since it extended to the knee area of a wearer and was longer in length then any of the shirts identified enumerated in the applicable EN. Instead, Customs determined that the shirt therein was properly classifiable in Heading 6211, HTSUSA.

Heading 6203, HTSUSA, provides for men's or boys' trousers. As the tariff does not contain a heading that specifically provides for the subject drawstring, wooden pin, and the trousers, together, classification cannot be based on GRI 1.

GRI 3 applies to goods that are prima facie classifiable under two or more headings. GRI 3 states, in pertinent part, the following:

(b) Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

The EN to GRI 3(b), provides, in part:

(IX) For the purposes of this Rule, composite goods made up of different components shall be taken to mean not only those in which the components are attached to each other to form a practically inseparable whole but also those with separable components, provided these components are adapted one to the other and are mutually complimentary and that together they form a whole which would not be normally offered for sale in separate parts.

The subject trousers, the drawstring, and the wooden pin meet the requirements for composite goods. In order to be considered as composite goods, articles must be (1) adapted to each other, (2) mutually complementary and (3) form a whole which would not normally be offered for sale in separate parts. The articles are adapted to each other in that the pants have a tunnel waist to accomodate the drawstring and the drawstring which was submitted detached from the pants comes with a wooden pin that is used to thread the drawstring through the waist of the trousers. The components are mutually complimentary in their use and would not normally be offered for sale as separate articles. Therefore, the aformentioned articles are considered a composite good for tariff classification purposes.

Having determined that the drawstring, wooden pin, and trousers are a composite good, it is now necessary to determine which of the three components gives the article its essential character. In determining the essential character of the subject goods in accordance with GRI 3(b), Customs looks to various factors for guidance. Such factors include, but are not limited to, the nature of the material or component, its bulk, quantity, weight or value, or by the role of the constituent material in relation to the use of the goods. In this case, it appears that the trousers impart the essential character of the composite good. The trousers make up the greatest part of the composite good and the other two articles are present to accentuate and complete the trousers. Thus, the composite good is classifiable under Heading 6203, HTSUSA, which provides for men's woven trousers.

In limited instances, the Committee for the Implementation of Textile Agreements (CITA) negotiates bilateral agreements with certain countries concerning certain commodities. These agreements exempt various textile products from quota restraint levels. In this case, the tunic, trousers, and drawstring are listed as traditional folklore products from Pakistan that are exempt from quota restraint categories.

The U.S./Pakistan bilateral textile agreement describes "Pakistan Items" as those items that are uniquely and historically traditional Pakistani products. They are limited to certain enumerated products. Included in the enumerated product descriptions are a Shalwar, an Izarband, and a Punjabi Kameez. The definitions are as follows:

10. Izarband - a nonwoven (knit) narrow fabric with two braided ends which results in loose fringe at both ends used as a drawstring.

15. Shalwar - straight (men) or gathered (women) pants with a drawstring waist and either drawstring leg openings (no elastic) or cuffs. The men's shalwar has less stitching on the bottom of each leg than the women's shalwar.

17. Punjabi Kameez - a loose fitting tunic with an out- turned collar and shirt type cuffs and partial front opening fastened by hooks.
Buttons, or snaps, but not by a zipper or velcro. The tunic has side slits at least 2 inches or more on both sides.
It has front pockets and side slit pockets. The fabric of punjabi kameez is solid colored, striped, printed, embroidered or patchworked.

An examination of the garments manifest that they fit the aforementioned descriptions in the U.S./Pakistan bilateral textile agreement. Moreover, they appear to fit the styling of uniquely and historically traditional Pakistani products.

HOLDING:

Based on the foregoing, the wooden pin, drawstring, and trousers are classified as a composite good under subheading 6203.42.4015, HTSUSA, which provides for men's woven cotton trousers. The applicable rate of duty is 17.7 percent ad valorem. The tunic is classified under subheading 6211.32.0081, HTSUSA, which provides for men's other woven garments. The applicable rate of duty is 8.6 percent ad valorem.

The subject articles are not subject to textile restraint categories as they are the subject of a bilateral agreement negotiated by CITA to exempt them from quota restraint levels since they qualify as "Pakistan Items". An exempt certification stamp issued by the Pakistan government that specifically identifies the folklore article by name should be presented with your entry documents.

Sincerely,

John Durant, Director
Commercial Rulings Division

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