CLA-2 R:C:T 957843 CMR
Ms. Kathy Hurt
Alexander International
4799 Aviation Parkway
College Park, GA 30349
RE: Classification of four articles claimed to be "India Items";
kurta (dress), salwar (trousers), dupatta (scarf) and ohdani
(cloth)
Dear Ms. Hurt:
This is in response to your request of February 13, 1995, on
behalf of Araish, Siddioi & Siddiqi, Inc., regarding the
classification of four articles of clothing. The articles will
be imported from India through the port of Atlanta. Samples were
received with your request.
FACTS:
The four submitted articles include a kurta, salwar, dupatta
and ohdani. All of the articles are made of woven fabric. The
articles will be made of varying fiber compositions--100 percent
cotton, 100 percent silk, or 65 percent polyester/35 percent
cotton.
The kurta is a women's loose-fitting pullover garment that
extends from the neck and shoulders to below the knee. The
garment features a round neckline with a stand-up collar, a
placket partial front opening beginning at the neckline and
extending to about the waist and secured by six hook and eye
closures, 3/4-length sleeve, and a straight hemmed bottom. The
garment is of a multiple panel construction, however, it still
retains an almost straight, loose appearance. The front of the
solid color garment is highly decorated with embroidery of
contrasting colored yarns, beads, sequins, and small metal
leaves.
The salwar is a pair of pants which are of the same fabric
as the kurta. The pants are of a multiple panel construction
with a tunnel waistband. The waist of the garment is extremely -2-
wide. The garment appears to be designed to be worn with a
drawstring closure, however, no drawstring was included with the
sample. The upper panels of the pants are flat and extend about
seven inches down from the waistline where they are sewn to the
panels which create the leg portions of the pants. The front
panels of the leg portions are gathered at the top seam creating
a puffy appearance at the front. The leg portions of the garment
are wide at the top and narrow as they approach the ankle area.
The leg openings are hemmed and feature several rows of stitching
at the ankles.
The dupatta, or scarf, is made of woven fabric which appears
to be silk. It measures approximately 23 inches in width and 70
inches in length. It is ornamented with gold metallic yarn
fringe on the ends, a flower motif in metallic yarn along the
perimeter of the scarf (about two inches in width along the
lengthwise ends and six inches in width at the other ends), and
small flowers in metallic yarn interspersed throughout the scarf.
The ohdani is a rectangular piece of cloth that measures
approximately 36 inches (3 feet) in width and 84 inches (7 feet)
in length. The cloth has selvedges on the lengthwise ends and
has a very small fringe on the width ends. The cloth is
ornamented by metalized yarns woven into the fabric and creating
three stripes on the width ends and a repeated geometrical
pattern stripe along the lengthwise ends.
ISSUE:
What are the proper tariff classifications for the submitted
articles and do the articles qualify as "India Items" exempt from
quota?
LAW AND ANALYSIS:
Designation of certain items as "India Items" 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 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: -3-
(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,
(d) extra weft ornamentation of cotton, silk, zari
(metal thread in gold/silver) wool or any other
fibre yarn.
Exceptions: Churidar pyjama, salwar and gararra need not
be ornamented.
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 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.
A ohdhani is described as:
An oblong cloth about 6 to 7 ft. long and 3 to 4 ft. wide
with overall embroidery or a woven jacquard weave with
traditional designs like himroo shawl or made-up of a fabric
decorated with cotton/silk/zari or any other fiber yarn used
to cover the body.
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 -4-
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:
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 submitted kurta fits the definition of a kurta already
cited. In addition, the garment is ornamented with embroidery
and applique work. Customs believes this garment meets the
requirements of Annex E of the bilateral agreement. The garment
has a shape and design which we believe are traditionally and
historically Indian. Having met the requirements for eligibility
as an "India Item", the garment is exempt from quota restraints.
The salwar is not required to be ornamented, but need only
fit the cited definition. The submitted pants do fit the
definition in that they are clearly designed to be secured at the
waist by a drawstring (although one did not accompany the
garment), and the pants are baggy with extra fullness at the
thighs. The pants, or salwar, qualify as an "India Item" exempt
from quota restraints.
The submitted dupatta, or scarf, meets the definition set
forth in Annex E. It is more than the required length of about
four feet and it is highly ornamented with gold thread creating
an elaborate flower motif border with gold flowers interspersed
throughout the scarf. The dupatta qualifies as an "India Item"
as it is of a shape and design which we believe are traditionally
and historically Indian.
The submitted ohdhani, rectangular or oblong cloth, fits the
description in Annex E cited above. The cloth is ornamented with
extra weft ornamentation of zari (metal thread in gold/silver)
creating stripes along the borders of the cloth. Therefore, it
qualifies as an "India Item" exempt from quota restraints.
HOLDING:
The kurta, or dress, is classified as follows, depending on
the fiber content of the garment:
if of cotton, in subheading 6204.42.3050, HTSUSA, dutiable
at 12.2 percent ad valorem;
-5-
if of silk, containing 70 percent or more by weight of silk
or silk waste, in subheading 6204.49.1000, HTSUSA, dutiable
at 7.4 percent ad valorem;
if in chief weight of polyester, in subheading 6204.43.4030,
HTSUSA, dutiable at 16.9 percent ad valorem.
The salwar, or trousers, is classified as follows, depending
on the fiber content of the garment:
if of cotton, in subheading 6204.62.4020, HTSUSA, dutiable
at 17.6 percent ad valorem;
if of silk, containing 70 percent or more by weight of silk
or silk waste, in subheading 6204.69.4010, HTSUSA, dutiable
at 6.9 percent ad valorem;
if in chief weight of polyester, in subheading 6204.63.3510,
HTSUSA, dutiable at 30.2 percent ad valorem.
The dupatta, or scarf, and ohdhani are classified as
follows, depending on the fiber content of the articles:
if of cotton, in 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, in subheading 6214.10.1000, HTSUSA, dutiable
at 6.4 percent ad valorem;
if in chief weight of polyester, in subheading 6214.30.0000,
HTSUSA, dutiable at 9.5 percent ad valorem.
As the submitted articles do qualify as "India Items", an
exempt certification stamp 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.
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