CLA-2 CO:R:C:T 957337 CMR
Mr. Himmat Singh Kataria
535 C Jackson Street
Albany, CA 94706
RE: Classification of certain women's woven garments; dresses
(kurtas), pants, a skirt (ghagra), and scarves (dupattas); only
dupattas "India Items"; only dupattas exempt from quota
Dear Mr. Kataria:
This is in response to your request of September 6, 1994,
regarding the eligibility of certain items for quota exempt
status as "India Items". You refer to the articles as
contemporary styles of traditional Indian outfits. Samples were
received with your request. Your request was forwarded to this
office for reply.
FACTS:
Three "outfits", consisting of three items each, were
submitted to this office. The first outfit consists of a skirt
(which you refer to as a ghagra), a halter top (which you refer
to as a choli), and a dupatta (a large scarf). The other two
outfits each consist of a kurta, pants and a dupatta. The
descriptions of each garment are set out below.
OUTFIT 1.
The skirt (ghagra), sample 1c, features a two-inch wide
waistband which is partially elasticized and has two metal hook
closures at the waistband and a seven-inch rear zipper closure.
The skirt is ankle-length and you describe it as being made of a
woven artificial chiffon, hand processed crinkled fabric. The
crinkled skirt is fully lined with a woven fabric. The fiber
content of the fabrics of the skirt is not identified. We assume
it is of man-made fibers. There is no ornamentation on the
skirt.
-2-
The halter top (choli), sample 1b, is made of woven silk
fabric. It is a halter top design with a wide band of fabric
extending from the left front behind the neck to the right front.
The back of the top is a 6-« inch band of elasticized shirred
fabric. The top is heavily embroidered and small round mirrors
are incorporated into the embroidery. The garment appears to
reach to the waist.
The large scarf (dupatta), sample 1a, is made of the same
woven artificial chiffon as the skirt. It measures approximately
4 feet (width) by just over 4-« feet (length). The scarf has a
small embroidered emblem interspersed throughout it and small
plastic gold beads in groupings of three sewn on the ends
(width).
OUTFIT 2.
The kurta (long blouse), sample 2c, is made of woven
cotton/rayon fabric. The garment extends from the shoulders to
about the knees. It is constructed in a double layer fashion
with the under layer extending about seven inches longer than the
outer layer creating a layered look. The garment features a
square neckline, shoulder pads, a rear tear-drop opening that is
secured at the neck by a loop and covered button attachment, long
sleeves and slits on the side that reach to the top of the hip
area. A 4-« inch crocheted band is attached at the end of each
hemmed sleeve extending the length of the sleeve somewhat. In
your letter you describe the garment as being of cotton, therefor
we will assume the cotton predominates by weight in the
cotton/rayon blend.
The pants, sample 2b, are made of the same woven fabric as
the kurta. The pants are of a wide-leg design and feature a 1-«
inch waistband which is elasticized in the rear. A 4-« inch
crocheted band is attached at the end of each hemmed pant leg
extending the length of the pant leg somewhat. The garment also
has hanger loops attached to the inside of the waistband.
The scarf (dupatta), sample 2a, is made of the same woven
fabric as the pants and kurta. The scarf measures approximately
3 feet, 1 inch (width) by 6 feet (length) including the 4-« inch
crocheted band which is attached at the ends (width) of the
scarf.
OUTFIT 3.
The kurta (dress), sample 3b, is made of woven polyester
fabric. The garment features a somewhat square neckline, long
sleeves, a full front opening secured by hooks and eyes, 10
covered and embroidered buttons which appear down the front,
shoulder pads, and a 3-inch wide embroidered pattern at the end -3-
of each sleeve. The garment extends from the shoulders to about
mid-calf length. It is constructed of multiple panels and is
designed so as to flare out some from the waist.
The pants, sample 3c, are made of the same woven polyester
fabric as the kurta. The pants are of a wide-leg design and
feature a 2-inch wide waistband which is partially elasticized in
the front. The garment has a front zipper fly and two hook and
eye fasteners on the waistband. The garment also has two side
seam pockets and embroidery at the end of each hemmed pant leg.
The scarf (dupatta), sample 3a, is made of the same woven
polyester fabric as the pants and kurta. The scarf measures
approximately 3 feet, 8 inches (width) by 7 feet, 1 inch
(length). An embroidered pattern appears on the ends (width) of
the scarf.
Your letter contained additional questions beyond the
eligibility of the above items as "India Items" exempt from
quota. Those questions are listed below.
ISSUE:
Do the submitted samples qualify as "India Items" exempt
from quota as described in the United States/India bilateral
textile agreement?
What changes can be made to the samples at issue in order to
qualify as "India Items"?
Is machine embroidery allowable under folklore treatment?
Is quota required for folklore outfits made in silk, cotton,
rayon, and polyester?
What is the duty rate on the items at issue if made in
cotton, silk, polyester or rayon?
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 regarding such items.
The United States/India bilateral textile agreement, at
Annex E, describes "India Items", in part, as:
* * * traditional folklore handicraft textiles products made
in the cottage industry. They comprise clothes, clothing -4-
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].
(b) embroidered or crocheted ornamentation,
(c) applique work of sequins, glass or wooden beads,
shells, mirrors or ornamental motif of textile and
other,
* * *
A kurta is defined in the United States/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.
A choli is described as:
A short blouse ending at or above the waist, with or without
sleeves, without an out-turned collar.
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 contained in the United
States/India bilateral textile agreement, further guidelines
regarding "India Items" were outlined in a notice published in
the January 15, 1995 issue of the Federal Register (60 FR 16 at
4892). The notice, in the form of a directive to the
Commissioner of Customs, stated that the Governments of the
United States and India had agreed that:
-5-
Indian items may not include closures 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 at the
waist such Indian items as salwar, ghagra/lahnga and
pavadai.
The bilateral agreement requires that garments have a "shape
and design [which is] traditionally and historically Indian".
The halter top (sample 1b), which you identify as a choli, is
not, in our view, a garment which meets this requirement. In
addition, the elasticized shirred back is a feature which
precludes this garment as an "India Item".
The agreement also clearly states "these products should not
include zip fasteners". The skirt (ghagra), sample 1c, and
pants, sample 3c, have zippers and thus are precluded as "India
Items". In addition, each garment features elastic in the
waistband which also precludes them from being "India Items".
Samples 2c and 3b are described as kurtas. The definition
given above requires that a kurta be a loose, almost straight cut
tunic. In our view, sample 3b fails to meet this description
because it is constructed so that it flares out from the waist.
It is not a straight cut or almost straight cut design. Sample
2c also fails as an "India Item". While the garment is a loose,
almost straight cut tunic with sleeves, it is designed with a
double layer of fabric creating a double layered look and also
features should pads. We question whether this garment is of a
design which is "traditionally and historically Indian". For
these reasons, samples 2c and 3b do not qualify as "India Items".
Sample 2b, pants, is described in your letter as having a
zipper, however, the sample does not have a zipper. As stated
above, the presence of a zipper automatically precludes a garment
from qualifying as an "India Item". The garment does have a
waistband which is elasticized in the rear. The presence of the
elastic in the waistband precludes the garment from being an
"India Item".
The scarves, samples 1a, 2a, and 3a, all meet the
description of a dupatta given in Annex E. The scarves are each
over four feet in length and all are ornamented by embroidered or
crocheted ornamentation. Thus, the dupattas qualify as "India
Items" exempt from quota.
In regard to your question on making changes to the
submitted samples so that they may qualify as "India Items",
Customs cannot advise you on this. We suggest you seek advice
from appropriate officials of the Indian Government. -6-
You have asked whether machine embroidery is allowable under
folklore treatment, i.e, "India Items". There is no limiting
language in the bilateral agreement in this regard, therefore,
unless instructed otherwise, Customs will not disqualify an item
as an "India Item" due to machine embroidery.
The agreement also does not limit "India Items" to a
specific fiber; therefore, use of silk, cotton, rayon or
polyester is not an issue in determining if an item qualifies
as an "India Item" exempt from quota.
HOLDING:
The dupattas (scarves), styles 1a, 2a, and 3a, are
classified as follows:
if of cotton--subheading 6214.90.0010, HTSUSA, dutiable at
11.9 percent ad valorem
if of silk--containing 70 percent or more by weight of silk
or silk waste--subheading 6214.10.1000, HTSUSA,
dutiable at 6.4 percent ad valorem
--containing less than 70 percent by weight of
silk--subheading 6214.10.2000, HTSUSA, dutiable
at 6.9 percent ad valorem
if of polyester--subheading 6214.30.0000, HTSUSA, dutiable
at 9.5 percent ad valorem
if of rayon--subheading 6214.40.0000, HTSUSA, dutiable at
9.5 percent ad valorem
As the dupattas qualify as "India Items", they are exempt
from quota. Exempt certification stamps issued by the Indian
government that specifically identify the folklore articles by
name should be presented with your entry documents.
Sample 1b, a woman's halter top (choli), is classified as
follows:
if of silk--containing 70 percent or more by weight of silk
or silk waste--subheading 6211.49.1090, dutiable
at 7.1 percent ad valorem, textile category 759
--containing less than 70 percent by weight of
silk--subheading 6211.49.9090, HTSUSA, dutiable
at 7.8 percent ad valorem, textile category 859
if of cotton--subheading 6211.42.0081, HTSUSA, dutiable at
8.6 percent ad valorem, textile category 359
-7-
if of polyester or rayon--subheading 6211.43.0091, HTSUSA,
dutiable at 16.9 percent ad valorem, textile
category 659
Sample 1c, a woman's skirt (ghagra), is classified as
follows:
if of silk--containing 70 percent or more by weight of silk
or silk waste--subheading 6204.59.4040, HTSUSA,
dutiable at 7.1 percent ad valorem, textile
category 742
--containing less than 70 percent by weight of
silk--subheading 6204.59.4050, HTSUSA, dutiable
at 7.1 percent ad valorem, textile category 842
if of cotton--subheading 6204.52.2070, HTSUSA, dutiable at
8.6 percent ad valorem, textile category 342
if of polyester--subheading 6204.53.3010, HTSUSA, dutiable
at 16.9 percent ad valorem, textile category
642
if of rayon--subheading 6204.59.3010, HTSUSA, dutiable at
16.9 percent ad valorem, textile category 642
Samples 2b and 3c, women's woven pants, are classified as
follows:
if of silk--containing 70 percent or more by weight of silk
or silk waste--subheading 6204.69.4010, HTSUSA,
dutiable at 6.9 percent ad valorem, textile
category 748
--containing less than 70 percent by weight of
silk--subheading 6204.69.6040, HTSUSA, dutiable
at 7.5 percent ad valorem, textile category 847
if of cotton--subheading 6204.62.4020, HTSUSA, dutiable at
17.6 percent ad valorem, textile category 348
if of polyester--subheading 6204.63.3510, HTSUSA, dutiable
at 30.2 percent ad valorem, textile
category 648
if of rayon--subheading 6204.69.2510, HTSUSA, dutiable at
30.2 percent ad valorem, textile category 648
Sample 2c, a kurta (long blouse) is classified as follows:
if of silk--containing 70 percent or more by weight of silk
or silk waste--subheading 6206.10.0040, HTSUSA, -8-
dutiable at 7.4 percent ad valorem, textile
category 741
--containing less than 70 percent by weight of
silk--subheading 6206.10.0050, HTSUSA, dutiable
at 7.4 percent ad valorem, textile category 840
if of cotton--subheading 6206.30.3040, HTSUSA, dutiable 16.3
percent ad valorem, textile category 341
if of polyester or rayon--subheading 6206.40.3030, HTSUSA,
dutiable at 28.4 percent ad valorem, textile
category 641
Sample 3b, a kurta (dress), is classified as follows:
if of silk--containing 70 percent or more by weight of silk
or silk waste--subheading 6204.49.1000, HTSUSA,
dutiable at 7.4 percent ad valorem, textile
category 736
--containing less than 70 percent by weight of
silk--subheading 6204.49.5050, HTSUSA, dutiable
at 7.4 percent ad valorem, textile category 836
if of cotton--subheading 6204.42.3050, HTSUSA, dutiable at
12.2 percent ad valorem, textile category 336
if of polyester--subheading 6204.43.4030, HTSUSA, dutiable
at 16.9 percent ad valorem, textile
category 636
if of rayon--subheading 6204.44.4010, HTSUSA, dutiable
at 16.9 percent ad valorem, textile
category 636
As stated above, the dupattas (samples 1a, 2a, and 3a),
qualify as "India Items" and thus are exempt from quota. The
remaining articles, however, do not qualify and therefore are
subject to quota/visa restraints.
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.
-9-
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