CLA-2 CO:R:C:T 957279 CAB
Mr. Shahida Saleem
Catco International Inc.
450 Seventh Avenue
Suite 917
New York, NY 10123
RE: Classification of woven dresses; not "Pakistan Items" exempt
from quota; U.S./Pakistan bilateral textile agreement
Dear Mr. Saleem:
This is in response to your inquiry of September 8, 1994,
requesting a classification ruling for women's garments. You
request that the garments be considered non-quota items because
you believe they qualify as "Pakistan Items". Samples were
submitted for examination.
FACTS:
There are two samples at issue. The samples are designated
as Style 6101, "Shisha Embroidered Dress" and Style 6003,
"Pakistan Caftan". Both garments are made from 100 percent
woven cotton printed fabric. Style 6101 is a pullover dress that
extends from the shoulders to the knee area and contains a
V-neck, short elasticized sleeves, and a flounced bottom. The
body of the dress is solid in color while the front panel
contains five contrasting colored embroidered appliques with
mirror-like embellishments. The sleeves and the flounce are made
from multi-colored printed fabric. Style 6003 is an ankle length
caftan made from printed fabric with an embroidered front yoke.
ISSUE:
Whether the garments at issue are "Pakistan Items" and
therefore, exempt from quota?
LAW AND ANALYSIS:
The dresses at issue are classifiable in subheading
6204.42.3050 of the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for women's woven
cotton dresses. The subject dresses designation as
"Pakistan Items" that are exempt from quota are not determined by
the HTSUSA, but by the language of the bilateral textile
agreement between the United States and Pakistan regarding such
items.
The U.S./Pakistan bilateral textile agreement describes
"Pakistan Items" as "those items that are uniquely and
historically traditional Pakistani products."
A "shisha embroidered dress" is defined in the U.S./Pakistan
bilateral textile agreement as:
A dress which is knee length or longer with at least the
front area above the waist covered with an overlay. The
overlay contains embroidery and mirrors which are attached
to the overlay by embroidery. This dress has a partial back
opening fastened by hooks, buttons, or snaps, but not by
zippers or velcro. The mirrors and embroidery must cover
the front area above the waist, however, there are no
restraints on other sections being covered by mirrors and
embroidery.
A "kaftan" is defined in the U.S./Pakistan bilateral textile
agreement as:
A women's loose fitting pullover full or ankle length
garment with partial front or back opening fastened by
hooks, buttons, snaps or string but not by a zipper or
velcro. The fabric of the Kaftan may be solid colored,
striped, printed, crocheted, embroidered and/or patchworked.
The Kaftan has side slits or a back slit for walking.
When examining the samples in light of the U.S./Pakistan
bilateral textile agreement, it is clear that they do not meet
the definitions given for a kaftan or a shisha embroidered dress.
Style 6101 does not have a partial back opening and while it does
contain five appliques on the front, these appliques do not cover
the front area. Style 6103 has the general appearance of a
caftan but it does not have a partial front or back opening, nor
does it have a back or side slits. As the instant articles do
not meet the full requirements of the aforementioned definitions
as used in the U.S./Pakistan bilateral textile agreement, they do
not qualify as quota exempt Pakistan Items.
HOLDING:
Based on the foregoing, Styles 6103 and 6101 are classified
in subheading 6204.42.3050 and dutiable at 12.2 percent ad
valorem. As the articles do not qualify as "Pakistan Items",
they are subject to textile visa/quota restraints. Upon entry,
textile visas from Pakistan for category 336 will be required.
The designated textile and apparel category may be
subdivided into parts. If so, 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 that you check, close to the time of shipment, The Status
on Current Import Quotas (Restraint Levels), an internal issuance
of the U.S. Customs Service, which 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 applicable to textile
merchandise, you should contact your local Customs office prior
to importing the merchandise to determine the current status of
any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division