CLA-2 CO:R:C:T 957231 CMR
Mr. R. S. Barot
Hobnob Inc.
109 West 38th Street
Suite 600
New York, New York 10018
RE: Classification of a woman's dress known as a Kurta; "India
Item" exempt from quota
Dear Mr. Barot:
This ruling is in response to your request of September 8,
1994, regarding the classification of a woman's dress, style
7131. You request that the garment be considered a non-quota
item because you believe it qualifies as an "India Item" known as
a kurta. A sample was received with your request.
FACTS:
The garment at issue, style 7131, is a woman's 100 percent
cotton woven dress. The pullover dress features a round neck
with a small "v" opening in the front, long hemmed sleeves, and a
straight hemmed bottom with six inch side slits. The garment has
a straight, loose, and unfitted appearance. It features a
handprinted floral white and gold floral design around the front
neckline. In length, it reaches to a little below the knees
(about three inches).
Customs issued DD 801074 on September 2, 1994, in which we
classified style 7131 as a woman's cotton woven dress in
subheading 6204.42.3050, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA). The ruling was issued in response to
your request of August 15, 1994. It was not clearly stated in
your August request that you wished the ruling to include a
determination of eligibility for quota exemption as an "India
Item". Thus, DD 801074 did not address that issue.
-2-
ISSUE:
Is style 7131 an "India Item" described in the United
States/India bilateral textile agreement and thus exempt from
quota?
LAW AND ANALYSIS:
The dress at issue is classified in the provision for
women's woven cotton dresses in subheading 6204.42.3050, HTSUSA.
Its designation as an "India Item" exempt from quota is not
determined by the HTSUSA, but by the language of the bilateral
textile agreement between the United States and India regarding
such items.
The U.S./India bilateral textile agreement 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 kurta is defined in the U.S./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.
An examination of the garment shows that it fits the above
definition for a kurta. In addition, the garment is ornamented
by handprinting and has a shape and design which we believe is
traditionally and historically Indian.
-3-
HOLDING:
Style 7131, a woman's 100 percent cotton woven dress, known
as a kurta, does qualify as an "India Item" and is therefore
exempt from quota. An exempt certification stamp issued by the
Indian government that specifically identifies the folklore
article by name should be presented with your entry documents.
Sincerely,
John Durant, Director
Commercial Rulings Division