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HQ 957408




January 18, 1995

CLA-2 CO:R:C:T 957408 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0070

Mr. Venkata S. Iyer
VSI, Inc.
844 South Pine Street
Spartanburg, SC 29302

RE: Classification of a 100 percent cotton woven hand-embroidered vest from India; not "India Item", not exempt from quota

Dear Mr. Iyer:

This ruling is in response to your letter of November 4, 1994, requesting the classification and eligibility as an "India Item" of a cotton woven vest from India. A sample vest, referred to as a jawahar jacket, was submitted with your request.

FACTS:

In your letter, you state that the submitted sample, a 100 percent cotton woven vest, is a traditional Indian garment known as a jawahar jacket. The garment has a basic vest design. It is sleeveless with a deep V-neckline and no collar. It is lined, and features front pockets at the waist, four button-holes on the right front panel (indicating a right-over-left closure), and fabric strips, forming a fabric tie, at the back. The front panels are embroidered using a chainstitch embroidery stitch. You indicate the embroidery is done by hand.

ISSUE:

What is the classification of the submitted sample?

Does the submitted sample qualify as an "India Item" described in the United States/India bilateral textile agreement and thus exempt from quota?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the -2-
headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

As stated in the FACTS portion of this ruling, the direction of the front closure of the garment as indicated by the button- holes is right-over-left. Note 8, Chapter 62 state:

Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

Garments which cannot be identified as either men's or boys' or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.

As the garment at issue has a right-over-left front closure and nothing about the cut of the garment indicates it is designed for a particular gender, the vest is classifiable as a women's vest.

As a woman's woven cotton vest, the garment is classifiable in subheading 6211.42.0070, HTSUSA, which provides for, among other things, women's other garments including woven cotton vests.

Eligibility for quota exempt status as an "India Item" is determined by the terms of the United States/India bilateral textile agreement. This agreement, at Annex E, 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:

(b) embroidered or crocheted ornamentation,

[Emphasis added].

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

A loose-fitting coat or vest of waist or hip length with or without buttons traditionally worn over kurtas or Kameez by men and women.

Having examined the submitted sample, Customs believes it fails to meet the description of a jawahar jacket as defined above because the fabric tie on the back allows the garment to be tightened closer to the body so that it may be worn "fitted" as opposed to being "loose-fitting".

HOLDING:

The submitted vest is classified in the provision for women's other garments, of cotton, vests, in subheading 6211.42.0070, HTSUSA. The garment is dutiable at 8.6 percent ad valorem and falls within textile category 359. As it fails to meet the requirements for qualifying as an "India Item" per the terms of the U.S./India bilateral textile agreement, visas for category 359 are required for entry.

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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