CLA-2 RR:TC:TE 960965 ASM
Mr. R.S. Barot
Hobnob, Inc.
P.O. Box 1584
Livingston, NJ 07039
RE: Tie-dyed/embroidered woman’s garment imported from India; not “India Item” exempt from quota
Dear Mr. R.S. Barot:
This is in reference to your letter of September 19, 1997, in which you request a binding ruling on behalf of Hobnob, Inc., for women’s rayon or cotton garments. We have also received your additional submissions dated October 17, 1997, and December 23, 1997. Specifically, your ruling request concerns the classification of these garments and whether they qualify as “India Items” under the United States/India bilateral textile agreement which would exempt them from quota.
FACTS:
The merchandise which is the subject of this request consists of a woman’s rayon or cotton garment produced in India identified as style # 4758 or # 6461. The sample submitted is an ankle length garment that is loose and flowing in design. There is no shaping at the waistline and the neck has no collar or lapel. Rather, the neckline is rounded in front with a slight "v" shape at the center/front of the neck.
According to your submission, it is asserted that the neckline of these garments will be embroidered by an "Ari" machine which is electrically operated. You further note that the movement of the thread to create the design is done by hand and requires skilled craft persons. It is also stated that the tie-dye process is performed by hand and you submit photographs of the various tie-dye designs that will be used.
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:
Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), is made in accordance with the General Rules of Interpretation (GRI’s). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI’s may then be applied. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN’s), which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI’s.
The garments at issue are classified in the provision for women’s dresses in heading 6204, HTSUSA. Their designation as “India Items” 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 supplied]
The subject garment is identified as a "Chola" which is defined in the United States/India bilateral agreement, Annex E, as: "An ankle length, loose-fit, long Kurta traditionally worn by religious priests." A "Kurta" is defined by Annex E 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."
This garment appears to be identical in it’s shape to the "Chola" described in Headquarters Ruling (HQ) 960572, July 10, 1997, in which the garment was described as an ankle length, loose-fitting straight cut tunic with a loose half-length sleeve. However, we would like to clarify that although we describe these garments as having a "loose half-length sleeve," the sleeve is actually just a large opening that is defined by the shoulder seam and side seam that leaves about four inches of fabric protruding outward from the seam in both front and back. This protruding fabric is completely hemmed from shoulder to base. The neckline is a simple rounded cut with a "v" shape in the center and no collar or lapel. As such, we find that the cut or shape of the garment is consistent with the traditional design of a "Chola" or "Kurta."
In order to be considered "India Items," the garments must be ornamented in patterns characteristic of the traditional Indian folk styles. In a Memorandum of Understanding Between the Governments of the United States of America and India, dated December 31, 1994, it is stated that the printed design should be a uniquely "traditional and historical Indian" design. It is important to note that this Memorandum of Understanding is to be used in conjunction with Annex E for the purposes of issuing and accepting exempt certifications.
The embroidered design at the neckline appears to be consistent with traditional patterns; however, based on the description provided, we find that the use of an electrically operated machine to complete the embroidery would disqualify it from being considered a traditional Indian handicraft. It is our understanding that traditional "Ari" embroidery involves the use of a hand held metal hook as opposed to an electrically operated machine.
Although the tie-dye patterns appear to be the result of a hand process, the designs do not depict patterns that are historically used in traditional Indian folklore handicraft textiles. One example of a traditional form of tie-dye would be "Tritik." The "Tritik" technique is a traditional hand method that involves placing the fabric over a panel that has been fitted with many small nails or needles to form complex patterns. The artisan wraps thread to secure the fabric over the nails/needles so that the pattern emerges after the fabric is dyed. The effect is an incredibly detailed pattern which would cover most of the garment, unlike the samples submitted which have simple broad stripes of color, circular patterns, and/or diamond shapes that leave much of the garment unadorned.
Based upon our examination of the garments at issue and all the information provided to Customs regarding an "India Item" and the "Chola" or "Kurta" 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.
If you would like information regarding items which are considered “India Items,” exempt from quota, under the U.S./India bilateral textile agreement, we suggest you contact the Chairman of CITA. She may be reached by writing to her at:
Chairman, Committee for the
Implementation of Textile Agreements
U.S. Department of Commerce
14th & Constitution Ave., N.W.
Washington, D.C. 20230
Her office may also be contacted at (202) 482-3737.
Please note that the samples which you have identified as block printed and batik "Cholas" were submitted subsequent to our assignment of a file number and review of the item which is the subject of this ruling. Consequently, we will address these samples in a separate ruling which has been assigned Headquarters file number, 961292.
HOLDING:
The women’s rayon dress imported from India is properly classified under 6204.43.4030, HTSUSA, which provides for "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of synthetic fibers: Other: Other; Other: Women’s." This provision is dutiable at the general column one rate at 16.6 percent ad valorem. If the garment is 100 percent cotton, it is classifiable under subheading 6204.42.3050, HTSUSA, which provides “Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of cotton: Other: Other: Other: Other: Women’s.” The general column one rate of duty is 10.9 percent ad valorem. The garments are not “India Items” pursuant to the United States/India bilateral textile agreement, and therefore, are subject to textile visa/quota restraints. Upon entry, textile visas from India for categories 636 (rayon) and 336 (cotton) will be required.
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.
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