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HQ 957337

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February 23, 1995

CLA-2 CO:R:C:T 957337 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6214; 6211; 6204; 6206

Mr. Himmat Singh Kataria
535 C Jackson Street
Albany, CA 94706

RE: Classification of certain women's woven garments; dresses (kurtas), pants, a skirt (ghagra), and scarves (dupattas); only dupattas "India Items"; only dupattas exempt from quota

Dear Mr. Kataria:

This is in response to your request of September 6, 1994, regarding the eligibility of certain items for quota exempt status as "India Items". You refer to the articles as contemporary styles of traditional Indian outfits. Samples were received with your request. Your request was forwarded to this office for reply.

FACTS:

Three "outfits", consisting of three items each, were submitted to this office. The first outfit consists of a skirt (which you refer to as a ghagra), a halter top (which you refer to as a choli), and a dupatta (a large scarf). The other two outfits each consist of a kurta, pants and a dupatta. The descriptions of each garment are set out below.

OUTFIT 1.

The skirt (ghagra), sample 1c, features a two-inch wide waistband which is partially elasticized and has two metal hook closures at the waistband and a seven-inch rear zipper closure. The skirt is ankle-length and you describe it as being made of a woven artificial chiffon, hand processed crinkled fabric. The crinkled skirt is fully lined with a woven fabric. The fiber content of the fabrics of the skirt is not identified. We assume it is of man-made fibers. There is no ornamentation on the skirt.

The halter top (choli), sample 1b, is made of woven silk fabric. It is a halter top design with a wide band of fabric extending from the left front behind the neck to the right front. The back of the top is a 6-« inch band of elasticized shirred fabric. The top is heavily embroidered and small round mirrors are incorporated into the embroidery. The garment appears to reach to the waist.

The large scarf (dupatta), sample 1a, is made of the same woven artificial chiffon as the skirt. It measures approximately 4 feet (width) by just over 4-« feet (length). The scarf has a small embroidered emblem interspersed throughout it and small plastic gold beads in groupings of three sewn on the ends (width).

OUTFIT 2.

The kurta (long blouse), sample 2c, is made of woven cotton/rayon fabric. The garment extends from the shoulders to about the knees. It is constructed in a double layer fashion with the under layer extending about seven inches longer than the outer layer creating a layered look. The garment features a square neckline, shoulder pads, a rear tear-drop opening that is secured at the neck by a loop and covered button attachment, long sleeves and slits on the side that reach to the top of the hip area. A 4-« inch crocheted band is attached at the end of each hemmed sleeve extending the length of the sleeve somewhat. In your letter you describe the garment as being of cotton, therefor we will assume the cotton predominates by weight in the cotton/rayon blend.

The pants, sample 2b, are made of the same woven fabric as the kurta. The pants are of a wide-leg design and feature a 1-« inch waistband which is elasticized in the rear. A 4-« inch crocheted band is attached at the end of each hemmed pant leg extending the length of the pant leg somewhat. The garment also has hanger loops attached to the inside of the waistband.

The scarf (dupatta), sample 2a, is made of the same woven fabric as the pants and kurta. The scarf measures approximately 3 feet, 1 inch (width) by 6 feet (length) including the 4-« inch crocheted band which is attached at the ends (width) of the scarf.

OUTFIT 3.

The kurta (dress), sample 3b, is made of woven polyester fabric. The garment features a somewhat square neckline, long sleeves, a full front opening secured by hooks and eyes, 10 covered and embroidered buttons which appear down the front, shoulder pads, and a 3-inch wide embroidered pattern at the end  -3-
of each sleeve. The garment extends from the shoulders to about mid-calf length. It is constructed of multiple panels and is designed so as to flare out some from the waist.

The pants, sample 3c, are made of the same woven polyester fabric as the kurta. The pants are of a wide-leg design and feature a 2-inch wide waistband which is partially elasticized in the front. The garment has a front zipper fly and two hook and eye fasteners on the waistband. The garment also has two side seam pockets and embroidery at the end of each hemmed pant leg.

The scarf (dupatta), sample 3a, is made of the same woven polyester fabric as the pants and kurta. The scarf measures approximately 3 feet, 8 inches (width) by 7 feet, 1 inch (length). An embroidered pattern appears on the ends (width) of the scarf.

Your letter contained additional questions beyond the eligibility of the above items as "India Items" exempt from quota. Those questions are listed below.

ISSUE:

Do the submitted samples qualify as "India Items" exempt from quota as described in the United States/India bilateral textile agreement?

What changes can be made to the samples at issue in order to qualify as "India Items"?

Is machine embroidery allowable under folklore treatment?

Is quota required for folklore outfits made in silk, cotton, rayon, and polyester?

What is the duty rate on the items at issue if made in cotton, silk, polyester or rayon?

LAW AND ANALYSIS:

Designation as an "India Item" exempt from quota is determined by the language of the bilateral textile agreement between the United States and India regarding such items.

The United States/India bilateral textile agreement, at Annex E, describes "India Items", in part, as:

* * * traditional folklore handicraft textiles products made in the cottage industry. They comprise clothes, clothing  -4-
accessories and decorative furnishings whose shape and design are traditionally and historically Indian. [Emphasis added.]

These products should not include zip fasteners and 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, [Emphasis added].

(b) embroidered or crocheted ornamentation,

(c) applique work of sequins, glass or wooden beads, shells, mirrors or ornamental motif of textile and other,

A kurta is defined in the United States/India bilateral textile agreement as:

A loose, almost straight cut tunic of any length from the hips to the ankles with quarters, half or full length narrow or loose sleeves, with or without buttons at the neck or cuff but without out-turned shirt-style cuffs or out-turned shirt collar.

A choli is described as:

A short blouse ending at or above the waist, with or without sleeves, without an out-turned collar.

A dupatta is described as:

A scarf usually about 4 ft. long, wrapped by women along with Kurta and Churidar. This also includes other types of scarves worn in varied sizes, the characteristics being the same as above.

In addition to the information contained in the United States/India bilateral textile agreement, further guidelines regarding "India Items" were outlined in a notice published in the January 15, 1995 issue of the Federal Register (60 FR 16 at 4892). The notice, in the form of a directive to the Commissioner of Customs, stated that the Governments of the United States and India had agreed that:

Indian items may not include closures devices such as zippers, elastic (any form), elasticized fabric (any form), or hook-and-pile fasteners (such as "Velcro" or other similar holding fabric). In addition, buttons (including snap buttons) may not be used as a means of securing at the waist such Indian items as salwar, ghagra/lahnga and pavadai.

The bilateral agreement requires that garments have a "shape and design [which is] traditionally and historically Indian". The halter top (sample 1b), which you identify as a choli, is not, in our view, a garment which meets this requirement. In addition, the elasticized shirred back is a feature which precludes this garment as an "India Item".

The agreement also clearly states "these products should not include zip fasteners". The skirt (ghagra), sample 1c, and pants, sample 3c, have zippers and thus are precluded as "India Items". In addition, each garment features elastic in the waistband which also precludes them from being "India Items".

Samples 2c and 3b are described as kurtas. The definition given above requires that a kurta be a loose, almost straight cut tunic. In our view, sample 3b fails to meet this description because it is constructed so that it flares out from the waist. It is not a straight cut or almost straight cut design. Sample 2c also fails as an "India Item". While the garment is a loose, almost straight cut tunic with sleeves, it is designed with a double layer of fabric creating a double layered look and also features should pads. We question whether this garment is of a design which is "traditionally and historically Indian". For these reasons, samples 2c and 3b do not qualify as "India Items".

Sample 2b, pants, is described in your letter as having a zipper, however, the sample does not have a zipper. As stated above, the presence of a zipper automatically precludes a garment from qualifying as an "India Item". The garment does have a waistband which is elasticized in the rear. The presence of the elastic in the waistband precludes the garment from being an "India Item".

The scarves, samples 1a, 2a, and 3a, all meet the description of a dupatta given in Annex E. The scarves are each over four feet in length and all are ornamented by embroidered or crocheted ornamentation. Thus, the dupattas qualify as "India Items" exempt from quota.

In regard to your question on making changes to the submitted samples so that they may qualify as "India Items", Customs cannot advise you on this. We suggest you seek advice from appropriate officials of the Indian Government. -6-

You have asked whether machine embroidery is allowable under folklore treatment, i.e, "India Items". There is no limiting language in the bilateral agreement in this regard, therefore, unless instructed otherwise, Customs will not disqualify an item as an "India Item" due to machine embroidery.

The agreement also does not limit "India Items" to a specific fiber; therefore, use of silk, cotton, rayon or polyester is not an issue in determining if an item qualifies as an "India Item" exempt from quota.

HOLDING:

The dupattas (scarves), styles 1a, 2a, and 3a, are classified as follows:
if of cotton--subheading 6214.90.0010, HTSUSA, dutiable at 11.9 percent ad valorem
if of silk--containing 70 percent or more by weight of silk or silk waste--subheading 6214.10.1000, HTSUSA, dutiable at 6.4 percent ad valorem
--containing less than 70 percent by weight of silk--subheading 6214.10.2000, HTSUSA, dutiable at 6.9 percent ad valorem
if of polyester--subheading 6214.30.0000, HTSUSA, dutiable at 9.5 percent ad valorem
if of rayon--subheading 6214.40.0000, HTSUSA, dutiable at 9.5 percent ad valorem

As the dupattas qualify as "India Items", they are exempt from quota. Exempt certification stamps issued by the Indian government that specifically identify the folklore articles by name should be presented with your entry documents.

Sample 1b, a woman's halter top (choli), is classified as follows:
if of silk--containing 70 percent or more by weight of silk or silk waste--subheading 6211.49.1090, dutiable at 7.1 percent ad valorem, textile category 759 --containing less than 70 percent by weight of silk--subheading 6211.49.9090, HTSUSA, dutiable at 7.8 percent ad valorem, textile category 859
if of cotton--subheading 6211.42.0081, HTSUSA, dutiable at 8.6 percent ad valorem, textile category 359
if of polyester or rayon--subheading 6211.43.0091, HTSUSA, dutiable at 16.9 percent ad valorem, textile category 659

Sample 1c, a woman's skirt (ghagra), is classified as follows:
if of silk--containing 70 percent or more by weight of silk or silk waste--subheading 6204.59.4040, HTSUSA, dutiable at 7.1 percent ad valorem, textile category 742
--containing less than 70 percent by weight of silk--subheading 6204.59.4050, HTSUSA, dutiable at 7.1 percent ad valorem, textile category 842
if of cotton--subheading 6204.52.2070, HTSUSA, dutiable at 8.6 percent ad valorem, textile category 342
if of polyester--subheading 6204.53.3010, HTSUSA, dutiable at 16.9 percent ad valorem, textile category 642
if of rayon--subheading 6204.59.3010, HTSUSA, dutiable at 16.9 percent ad valorem, textile category 642

Samples 2b and 3c, women's woven pants, are classified as follows:
if of silk--containing 70 percent or more by weight of silk or silk waste--subheading 6204.69.4010, HTSUSA, dutiable at 6.9 percent ad valorem, textile category 748
--containing less than 70 percent by weight of silk--subheading 6204.69.6040, HTSUSA, dutiable at 7.5 percent ad valorem, textile category 847
if of cotton--subheading 6204.62.4020, HTSUSA, dutiable at 17.6 percent ad valorem, textile category 348
if of polyester--subheading 6204.63.3510, HTSUSA, dutiable at 30.2 percent ad valorem, textile category 648
if of rayon--subheading 6204.69.2510, HTSUSA, dutiable at 30.2 percent ad valorem, textile category 648

Sample 2c, a kurta (long blouse) is classified as follows:
if of silk--containing 70 percent or more by weight of silk or silk waste--subheading 6206.10.0040, HTSUSA,  -8-
dutiable at 7.4 percent ad valorem, textile category 741

--containing less than 70 percent by weight of silk--subheading 6206.10.0050, HTSUSA, dutiable at 7.4 percent ad valorem, textile category 840
if of cotton--subheading 6206.30.3040, HTSUSA, dutiable 16.3 percent ad valorem, textile category 341
if of polyester or rayon--subheading 6206.40.3030, HTSUSA, dutiable at 28.4 percent ad valorem, textile category 641

Sample 3b, a kurta (dress), is classified as follows:
if of silk--containing 70 percent or more by weight of silk or silk waste--subheading 6204.49.1000, HTSUSA, dutiable at 7.4 percent ad valorem, textile category 736
--containing less than 70 percent by weight of silk--subheading 6204.49.5050, HTSUSA, dutiable at 7.4 percent ad valorem, textile category 836
if of cotton--subheading 6204.42.3050, HTSUSA, dutiable at 12.2 percent ad valorem, textile category 336
if of polyester--subheading 6204.43.4030, HTSUSA, dutiable at 16.9 percent ad valorem, textile category 636
if of rayon--subheading 6204.44.4010, HTSUSA, dutiable at 16.9 percent ad valorem, textile category 636

As stated above, the dupattas (samples 1a, 2a, and 3a), qualify as "India Items" and thus are exempt from quota. The remaining articles, however, do not qualify and therefore are subject to quota/visa restraints.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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

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See also:

• Tariff No.: 6204.42.30 - Women's or girls' dresses, not knitted or crocheted, of cotton, nesoi
• Tariff No.: 6204.43.40 - Women's or girls' dresses, not knitted or crocheted, of synthetic fibers, nesoi
• Tariff No.: 6204.44.40 - Women's or girls' dresses, not knitted or crocheted, of artificial fibers, nesoi
• Tariff No.: 6204.49.10 - Women's or girls' dresses, not knitted or crocheted, containing 70% or more by weight of silk or silk waste
• Tariff No.: 6204.49.50 - Women's or girls' dresses, not knitted or crocheted, of textile materials nesoi
• Tariff No.: 6204.52.20 - Women's or girls' skirts and divided skirts, not knitted or crocheted, of cotton, nesoi
• Tariff No.: 6204.53.30 - Women's or girls' skirts and divided skirts, not knitted or crocheted, of synthetic fibers, nesoi
• Tariff No.: 6204.59.30 - Women's or girls' skirts and divided skirts, not knitted or crocheted, of artificial fibers, nesoi
• Tariff No.: 6204.59.40 - Women's or girls' skirts and divided skirts, not knitted or crocheted, of textile materials nesoi
• Tariff No.: 6204.62.40 - Women's or girls' trousers, breeches and shorts, not knitted or crocheted, of cotton, nesoi
• Tariff No.: 6204.63.35 - Women's or girls' trousers, breeches and shorts, not knitted or crocheted, of synthetic fibers, nesoi
• Tariff No.: 6204.69.25 - Women's or girls' trousers, breeches and shorts, not knitted or crocheted, of artificial fibers, nesoi
• Tariff No.: 6204.69.40 - Women's or girls' trousers, bib and brace overalls, breeches & shorts, of silk or silk waste, cont > or = 70% wt silk or silk waste, not k/c
• Tariff No.: 6204.69.60 - Women's or girls' trousers, bib & brace overalls, breeches & shorts, of silk or silk waste, cont under 70% by wt silk or silk waste, not k/c
• Tariff No.: 6206.10.00 - Women's or girls' blouses, shirts and shirt-blouses, not knitted or crocheted, of silk or silk waste
• Tariff No.: 6206.30.30 - Women's or girls' blouses and shirts, not knitted or crocheted, of cotton, nesoi
• Tariff No.: 6206.40.30 - Women's or girls' blouses and shirts, not knitted or crocheted, of manmade fibers, nesoi
• Tariff No.: 6211.42.00 - Women's or girls' track suits or other garments nesoi, not knitted or crocheted, of cotton
• Tariff No.: 6211.43.00 - Women's or girls' track suits or other garments nesoi, not knitted or crocheted, of man-made fibers
• Tariff No.: 6211.49.10 - Women's or girls' garments(excl swimwear or ski-suits), nesoi, of tex mat(except wool, cotton or mmf), cont 70% or more wt of silk, not k/c
• Tariff No.: 6211.49.90 - Women's or girls' garments(excl swimwear or ski-suits), nesoi, of tex mat(except wool, cotton or mmf), cont under 70% by wt of silk, not k/c
• Tariff No.: 6214.10.10 - Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, containing 70% or more silk or silk waste
• Tariff No.: 6214.10.20 - Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, containing less than 70% silk or silk waste
• Tariff No.: 6214.30.00 - Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of synthetic fibers
• Tariff No.: 6214.40.00 - Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of artificial fibers
• Tariff No.: 6214.90.00 - Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of textile materials nesoi