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NY E87100




November 2, 1999

CLA-2-62:RR:NC:TA:360 E87100

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204; 6214

Mr. Dennis Awana
Inter-Orient Services
1455 Monterey Pass Road #205

Monterey Park, CA 91754

RE: The tariff classification of three articles claimed to be “India Items”; “Kurta” (dress), “Salwar” (trousers) and “Dupatta” (scarf) from India

Dear Mr. Awana:

In your letter dated September 10, 1999, you requested a classification ruling on behalf of Sarimode, Inc.

FACTS:

You have submitted three articles designated as a “Kurta”, a “Salwar” and a “Dupatta”. You have identified the articles as traditional garments worn by women and ask for confirmation that these articles qualify as "India Items" and therefore, exempt from quota.

No style designations were provided for the submitted articles. All of the articles are made of 100 percent rayon printed woven fabric.

The “Kurta” is a pullover dress extending from the shoulders to approximately the calf area. It features long sleeves, a V-neckline and a hook, a hook and eye closure at the rear of the garment and small wooden beads around the neck opening and sleeve ends. The garment also features side slits that extend upward from the hem to approximately the mid-thigh.

The “Salwar” is a pair of trousers made from the identical fabric as the “Kurta”. It is constructed from multiple panels and has a tunnel waist. The waist of the garment is extremely wide and is adjusted by a drawstring. The upper panels of the pants are flat and extend approximately seven inches down from the waistline where they are sewn to the panels that create the leg portions of the pants. The top portion of each leg is pleated. The legs are wide at the top and narrow as they approach the ankle. The leg openings are hemmed and feature several rows of stitching at the ankle.

The “Dupatta” is a scarf or veil that is approximately 44 inches wide by 82 inches long, which is worn to cover the head or breast much like a shawl.

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 and not by the 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 textile products made in the cottage industry. They comprise clothes, clothing accessories and decorative furnishings whose shape and design are traditionally and historically Indian.

These products should not include zip fasteners and must be ornamented using one of the following methods:

· handpainting (including Kalamkari) or handprinting or handicraft tie and dye or handicraft Batik
· embroidered or crocheted ornamentation, · applique work of sequins, glass or wooden beads, shells, mirrors or ornamental motif of textile and other materials, · extra weft ornamentation of cotton, silk, zari (metal thread in gold/silver), wool or any other fiber yarn.

Exceptions: Churidar pyjama, salwar and gararra need not be ornamented.

In summary, in order to be considered an "India Item" the articles must meet:

1) the definition provided in the agreement;

2) be ornamented using one of the four approved methods; and

3) have a traditional Indian pattern or design.

A Kurta is defined 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 Salwar is defined as:

Loose-fitting trousers secured with drawstring or hooks, with legs that are straight or baggy with extra fullness at the thighs.

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 found in the bilateral agreement, the January 15, 1995 issue of the Federal Register (60 FR 16 at 4892) contained further guidelines:

Indian items may not include closure 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 the waist of such Indian items as salwar, ghagra/lahnga and pavadai.

The submitted garment that you designated as a Kurta meets the definition cited in the bilateral agreement. However, although the garment has a shape and design that is traditionally and historically Indian, the garment is not ornamented by hand-printing. Based on our examination, we have concluded that the fabric from which this garment is made does not have the characteristics of handpainting, handprinting, tie and dye, or batik. The garment has a minimal amount of beading around the neck and sleeve endings. However, we do not consider that the garment is ornamented in a pattern characteristic of the traditional Indian folk styles. Thus, the garment is not ornamented as required under the Annex E of the bilateral agreement to qualify as an "India Item".

The Salwar or trousers are not required to be ornamented, but need only fit the cited definition. The submitted trousers do fit the definition in that they are clearly designed to be secured at the waist by a drawstring and they are baggy with extra fullness at the thighs. The trousers, or Salwar, qualify as an “India Item” exempt from quota restraints.

The Dupatti or scarf fits the definition of a Dupatti already cited. The scarf is ornamented using a printing process that exhibits the characteristics of handprinting. As the article meets the the requirement in Annex E regarding ornamentation, this article appears to be handprinted with designs that we will accept as being traditionally and historically Indian. The Dupatti qualifies as an “India Item” exempt from quota restraints.

HOLDING:

The applicable heading for the Kurta or dress will be 6204.44.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s dresses of artificial fibers. The duty rate will be16.5 percent ad valorem.

The applicable heading for the Salwar or trousers will be 6204.69.2510, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s trousers of artificial fibers. The duty rate will be 29.5% percent ad valorem.

The applicable heading for the Dupatti or scarf will be 6214.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s trousers of artificial fibers. The duty rate will be 5.3 percent ad valorem.

As the dress is not an “India Item”, it falls within textile category designation 636. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

As the Salwar and Dupatti qualify as "India Items", they are exempt from quota. Exempt certification stamps issued by the Indian government that specifically identifies the folklore articles by name should be presented with your entry documents in order for the goods to enter exempt from quota.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

As submitted only the salwar qualifies as an “India Item” and is exempt from quota. An exempt stamp issued by the Indian government that specifically identifies the folklore by name should be presented with your entry documents in order for the goods to enter exempt from quota.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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