CLA-2 CO:R:C:T 957361 CMR
Ms. Diane Zorrilla
Hecny Brokerage Services, Inc.
8933 S. La Cienega Boulevard
Inglewood, CA 90301
RE: Classification of woven pant (tamba); qualification
as "India Items" at issue
Dear Ms. Zorrilla:
This is in response to your request of November 10, 1994, on
behalf of Destiny Imports, for a ruling regarding whether a
certain woven pant, referred to as a tamba, to be imported by
Destiny Imports qualify as an "India Item" exempt from quota.
The garment, a sample of which was received with your request,
will be imported through the Port of Los Angeles/Long Beach,
California.
FACTS:
The sample is a women's 100 percent rayon woven pair of
pants. In your letter you refer to the pants as a tamba. The
very wide legged pants, style 5057, feature a functional
drawstring waistband and hemmed leg bottoms. The garment is held
at the waist by tightening the drawstring. The garment is dark
blue with a white small flower design. Customs has been informed
by an expert in the area that this design is a typical Indian
pattern
ISSUE:
Are the woven pants an "India Item" 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 -2-
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:
(a) handpainting (including Kalamkari) or handprinting
or handicraft tie and dye or handicraft Batik,
[Emphasis added].
* * *
A tamba is described in Annex E of the bilateral agreement
as:
Loose-fit trousers usually worn in North India.
The garment at issue, style 5057, fits the above
description. In addition, the design pattern which ornaments the
fabric is a typical Indian pattern. The only remaining criteria
for classification as an "India Item" is that the garment be
ornamented in the characteristic Indian folk style. In this
case, the method of ornamentation is handprinting.
This office sent the sample garment to Customs Office of
Laboratories & Scientific Services. The report we received back
indicates that the fabric of the subject garment "has the
characteristics of the discharge printing method." The report
indicates that the fabric does not have the characteristics of
handpainting (including Kalamkari), handprinting, tie and dye, or
batik.
As the garment at issue, style 5057, is not ornamented as
required by the terms of Annex E of the bilateral agreement, the
garment does not qualify as an "India Item" and is subject to
quota/visa restraints and requirements.
HOLDING:
Style 5057, woven rayon pants, is classified in subheading
6204.69.2510, HTSUSA, textile category 648, dutiable at 30.2
percent ad valorem. As it fails to qualify as an "India Item",
it is subject to quota/visa restraints and requirements. -3-
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