CLA-2 CO:R:C:T 957066 CMR
Mr. M.C. Paul
India Garments Inc.
495 Meadow Lane
Carlstadt, New Jersey 07072
RE: Classification of a woven skirt; not "India Item" exempt from
quota
Dear Mr. Paul:
This ruling is in response to your request of August 18,
1994, regarding the classification of a woven skirt and whether
it qualifies as exempt from quota as an "India Item". A sample
was received with your request.
FACTS:
The garment at issue is a woven 100 percent rayon skirt,
style D586. You indicate the garment is a hand-printed ghagra
with an elastic waistband and drawstrings with ghunghroo. We
assume this refers to the ornamentation at the end of the
drawstrings. The garment is ankle-length and has a broomstick
silhouette and crinkly pleating. It is manufactured in India and
will be entered through JFK International Airport or the New York
Seaport.
ISSUE:
Is the submitted skirt an "India Item" exempt from quota,
and how is it classified?
LAW AND ANALYSIS:
Classification of goods under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA) is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes and, provided
such headings or notes do not otherwise require, according to
[the remaining GRIs taken in order]." -2-
The skirt at issue is classified in the provision for
women's woven skirts of artificial fibers in subheading
6204.59.3010, 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.]
Ghagra is defined in the U.S./India bilateral textile
agreement as "an ankle-length, very wide skirt with draw-string
or hooks at the waist." [Emphasis added.]
In addition to the definition and language cited above,
Customs has received policy guidance from the Committee for the
Implementation of Textile Agreements (CITA) regarding the intent
(or intended coverage) of the definition of ghagra as stated in
the bilateral.
The garment at issue is held up at the waist primarily by
the elastic inserted into the waistband. The drawstring serves
more as an ornamental feature than as a functional feature. It
is not the means by which the skirt is held up or fastened at the
waist. The definition of a ghagra includes the requirement that
the garment have a drawstring or hooks at the waist. To allow a
garment with superfluous drawstrings or hooks to qualify as a
ghagra would divest the definition in the bilateral of value or
meaning.
Based upon our examination of the garment at issue and all
the information provided to Customs regarding the meaning of the
term ghagra as used in the bilateral, it is our belief that style
D586 does not qualify as a quota exempt India item (ghagra) as
defined in the bilateral textile 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:
-3-
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.
HOLDING:
The garment at issue, style D586, is classified in
subheading 6204.59.3010, HTSUSA, dutiable at 17 percent ad
valorem. As it does not qualify as an "India Item" it is subject
to textile visa/quota restraints. Upon entry, textile visas from
India for category 642 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