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NY G83833




November 30, 2000

CLA-2-62:RR:NC:3:360 G83833

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.30.0000

Mr. G.M. Chugani
India Garments Ins.
495 Meadows Lane
Carlstadt, NJ 07072

RE: The tariff classification of women's woven dresses from India

Dear Mr. Chugani:

In your letter dated October 25, 2000 you requested a classification ruling.

FACTS:

The submitted samples, styles J98203 and J98344, are women's pullover dresses constructed from 100% cotton woven fabric. Both garments are loose fitting and extend from the shoulders to approximately the ankles. They feature short sleeves, a scoop neck, a seamed waist and a crinkled skirt. Style J98203 has embroidery on the bodice. Style J98344 is stated to be hand printed with gold painting.

ISSUE:

What is the proper classification of the women’s cotton garments imported from India and do they qualify as “India Items” under the United States/India bilateral textile agreement?

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, 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.

The subject garments are each identified as an “Aba” which is defined in the United States/India bilateral agreement, Annex E, as: “an over-garment close fit at the upper part with a Ghargra type skirt touching the ankles.” The Ghargra is defined as: “an ankle length very wide skirt with draw string or hooks at the waist.”

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

- meet the definition provided in the agreement; - be ornamented using one of the four approved methods; and - have a traditional Indian pattern or design.

The articles in question, are loose fitting at the bodice and in overall design rather than being close-fit in the upper part as the “Aba” has been defined in Annex E of the United States/India bilateral agreement. The designation of these articles as “Indian items” is also dependent upon whether the garments possess the shape and design that are traditionally and historically Indian. These garments do not appear to be similar to the traditional Indian “Aba” which has a ¾-length sleeve, additional panel insert for fullness in the underarm, and no defined waist. Although the bodice on style J98203 has been embellished with embroidery and style J98344 appears to be hand printed, the designs do not appear to represent any of the patterns historically used in traditional Indian folklore handicraft textiles. In order to be considered "Indian Items," the garments must be ornamented in patterns characteristic of the traditional Indian folk styles.

Based upon an examination of the garments at issue and all the information provided to Customs regarding an “India Item” and “Aba” as it is used in the bilateral textile agreement and in the traditional/historical sense, it is our belief that these garments do not qualify as quota exempt India items as defined in the agreement.

HOLDING:

The applicable subheading for styles J98203 and J98344 will be 6204.42.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for women's dresses of cotton. The duty rate will be 10.1% ad valorem.

Styles J98203 and J98344 fall within textile category designation 336. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

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.

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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