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HQ 957361




March 28, 1995

CLA-2 CO:R:C:T 957361 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.69.2510

Ms. Diane Zorrilla
Hecny Brokerage Services, Inc.
8933 S. La Cienega Boulevard
Inglewood, CA 90301

RE: Classification of woven pant (tamba); qualification as "India Items" at issue

Dear Ms. Zorrilla:

This is in response to your request of November 10, 1994, on behalf of Destiny Imports, for a ruling regarding whether a certain woven pant, referred to as a tamba, to be imported by Destiny Imports qualify as an "India Item" exempt from quota. The garment, a sample of which was received with your request, will be imported through the Port of Los Angeles/Long Beach, California.

FACTS:

The sample is a women's 100 percent rayon woven pair of pants. In your letter you refer to the pants as a tamba. The very wide legged pants, style 5057, feature a functional drawstring waistband and hemmed leg bottoms. The garment is held at the waist by tightening the drawstring. The garment is dark blue with a white small flower design. Customs has been informed by an expert in the area that this design is a typical Indian pattern

ISSUE:

Are the woven pants an "India Item" exempt from quota?

LAW AND ANALYSIS:

Designation of certain items as "India Items" exempt from quota is determined by the language of the bilateral textile agreement between the United States and India, and not by the -2-

Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The U.S./India bilateral textile agreement, at Annex E, Head Note, 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 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].

A tamba is described in Annex E of the bilateral agreement as:

Loose-fit trousers usually worn in North India.

The garment at issue, style 5057, fits the above description. In addition, the design pattern which ornaments the fabric is a typical Indian pattern. The only remaining criteria for classification as an "India Item" is that the garment be ornamented in the characteristic Indian folk style. In this case, the method of ornamentation is handprinting.

This office sent the sample garment to Customs Office of Laboratories & Scientific Services. The report we received back indicates that the fabric of the subject garment "has the characteristics of the discharge printing method." The report indicates that the fabric does not have the characteristics of handpainting (including Kalamkari), handprinting, tie and dye, or batik.

As the garment at issue, style 5057, is not ornamented as required by the terms of Annex E of the bilateral agreement, the garment does not qualify as an "India Item" and is subject to quota/visa restraints and requirements.

HOLDING:

Style 5057, woven rayon pants, is classified in subheading 6204.69.2510, HTSUSA, textile category 648, dutiable at 30.2 percent ad valorem. As it fails to qualify as an "India Item", it is subject to quota/visa restraints and requirements. -3-

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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