HQ 086398: Protest No. 3801-9-002103, on classification of women's 100 percent cotton garments

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 086398

                                   February 15, 1990




            CLA-2:CO:R:C:G  086398 DRR

            CATEGORY:  Classification

            TARIFF NO.:  384.49

            District Director of Customs
            55 East Monroe Street
            Chicago, Illinois  60603-5790

            Re:  Protest No. 3801-9-002103, on classification of women's
                 100 percent cotton garments

            Dear Sir:

                 This is our decision on an Application for Further Review
            of Protest No. 3801-9-002103, filed by Ocean, Inc., on June 23,
            1989, on classification of merchandise invoiced as 100 percent
            cotton ready-made garments, not ornamented, under Tariff
            Schedules of the United States (TSUS) item 384.49.  The
            merchandise was entered on February 17, 1988.  No sample was
            forwarded to headquarters.

            FACTS:

                 The merchandise at issue consists of sixty cartons of
            white dresses, described as having been manufactured in the
            cottage industry of Pakistan.  The entry documents were
            presented as a non-release entry with a textile visa for
            category 336.  The merchandise was certified by the Chamber of
            Commerce and Industry of Karachi, Pakistan as "PAKISTAN ARTS
            HANDICRAFTS."  A Single Country Declaration also accompanied
            the entry.  The importer maintains that the documentation
            provided is sufficient to classify the merchandise under TSUS
            384.4510.  Customs Form 29, Notice of Action was issued
            February 28, 1988, informing the importer of the rate advance.

            ISSUE:

                 Whether the garments at issue are handloomed folklore
            products classifiable under TSUS item 384.4510.
















                                         - 2 -

            LAW AND ANALYSIS:

                 The merchandise in question does not qualify for treatment
            as handloomed and folklore products for a number of reasons.
            The U.S. Trade Representative has implemented no procedure or
            bilateral agreement under the TSUS for garments to qualify for
            entry as handloomed and folklore products.  Furthermore, the
            merchandise itself does not meet the requirements for
            handloomed and folklore products.  Samples submitted to the
            District office show that the garments received considerable
            processing by machine.

            HOLDING:

                 The garments at issue were properly classified under TSUS
            item 384.4925, with a duty rate of 12 percent ad valorem.

                 Accordingly, you should deny the protest in full.  A copy
            of this decision should be sent to the protestant along with
            the Form 19 Notice of Action.


                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division

































            cc: 6 A.D., N.Y. Seaport
            D. Rimmer library/peh
            085965