HQ 957408: Classification of a 100 percent cotton woven hand-embroidered vest from India; not "India Item", not exempt from quota

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 957408

                         January 18, 1995

CLA-2 CO:R:C:T 957408 CMR

CATEGORY: Classification

TARIFF NO.: 6211.42.0070

Mr. Venkata S. Iyer
VSI, Inc.
844 South Pine Street
Spartanburg, SC 29302

RE: Classification of a 100 percent cotton woven hand-embroidered 
    vest from India; not "India Item", not exempt from quota 

Dear Mr. Iyer:

     This ruling is in response to your letter of November 4,
1994, requesting the classification and eligibility as an "India
Item" of a cotton woven vest from India.  A sample vest, referred
to as a jawahar jacket, was submitted with your request.   

FACTS:

          In your letter, you state that the submitted sample, a 100
percent cotton woven vest, is a traditional Indian garment known
as a jawahar jacket.  The garment has a basic vest design.  It is
sleeveless with a deep V-neckline and no collar.  It is lined,
and features front pockets at the waist, four button-holes on the
right front panel (indicating a right-over-left closure), and
fabric strips, forming a fabric tie, at the back.  The front
panels are embroidered using a chainstitch embroidery stitch. 
You indicate the embroidery is done by hand.
     
ISSUE:

     What is the classification of the submitted sample? 

     Does the submitted sample qualify as an "India Item"
described in the United States/India bilateral textile agreement
and thus exempt from quota?

LAW AND ANALYSIS:

     Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs).  GRI 1 provides that
"classification shall be determined according to the terms of the                               -2-


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]."

     As stated in the FACTS portion of this ruling, the direction
of the front closure of the garment as indicated by the button-
holes is right-over-left.  Note 8, Chapter 62 state:

     Garments of this chapter designed for left over right
     closure at the front shall be regarded as men's or boys'
     garments, and those designed for right over left closure at
     the front as women's or girls' garments.  These provisions
     do not apply where the cut of the garment clearly indicates
     that it is designed for one or other of the sexes.

     Garments which cannot be identified as either men's or boys'
     or as women's or girls' garments are to be classified in the
     headings covering women's or girls' garments.

As the garment at issue has a right-over-left front closure and
nothing about the cut of the garment indicates it is designed for
a particular gender, the vest is classifiable as a women's vest. 

     As a woman's woven cotton vest, the garment is classifiable
in subheading 6211.42.0070, HTSUSA, which provides for, among
other things, women's other garments including woven cotton
vests.

     Eligibility for quota exempt status as an "India Item" is
determined by the terms of the United States/India bilateral
textile agreement.  This agreement, at Annex E, 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:

                        *       *       *

          (b) embroidered or crocheted ornamentation,

                        *        *       *

     [Emphasis added].
                               -3-


     A jawahar jacket is defined in the United States/India
bilateral textile agreement as:

     A loose-fitting coat or vest of waist or hip length with or
     without buttons traditionally worn over kurtas or Kameez by
     men and women.

     Having examined the submitted sample, Customs believes it
fails to meet the description of a jawahar jacket as defined 
above because the fabric tie on the back allows the garment to be
tightened closer to the body so that it may be worn "fitted" as
opposed to being "loose-fitting".    

HOLDING:

     The submitted vest is classified in the provision for
women's other garments, of cotton, vests, in subheading
6211.42.0070, HTSUSA.  The garment is dutiable at 8.6 percent ad 
valorem and falls within textile category 359.  As it fails to
meet the requirements for qualifying as an "India Item" per the
terms of the U.S./India bilateral textile agreement, visas for
category 359 are required for entry.

     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