HQ 952368: Folklore apparel from Mexico. Hand-loomed; cottage industry

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 952368

                          May 25, 1993

CLA-2 CO:R:C:T  952368 HP

CATEGORY:  Classification

TARIFF NO.:   6204.42.3030, 6206.30.3040, 6211.41.0050,
6214.90.0010

Mr. William Cain
Chairman
Cain Customs Brokers, Inc.
Progreso International Bridge
P.O. Box 10
Progreso, TX 78579

RE:  Folklore apparel from Mexico. Hand-loomed; cottage industry

Dear Mr. Cain:

     This is in reply to your letter of July 17, 1992.  That
letter concerned the tariff classification, under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), of
textile products, produced in Mexico.  Please reference your
client Carolyn Bell Imports.

FACTS:

     The merchandise at issue consists of five items of ladies'
woven apparel.  You state that the items are handmade and crafted
by tribal groups in artist's cooperatives in remote villages. 
You inquire as to exemption from quota/visa requirements for
folklore articles.

     Exhibit A, model Tzotzil, is a ladies' blouse manufactured
from a woven cotton fabric.  The pullover features a square
neckline, no sleeves, and a heavily embroidered yoke and shoulder
area.  Exhibit B, model Tzotzil, is a ladies' vest manufactured
from a coarse, hairy, woven wool fabric.  The vest features no
sleeves, a tie closure, and embroidery.  Exhibit C, model
Mazatecs, is a ladies blouse manufactured from a lightweight
woven cotton fabric.  The pullover features 3/4-length sleeves, a
wide, round neckline, and embroidery.  Exhibit D, model Triquis,
is a ladies' dress manufactured from a 100% cotton fabric.  The
dress is constructed from a rectangular tube with a hole for the
head.  The dress features a capped neckline, simulated sleeves
formed by satin and lace narrow fabrics, and significant amounts
of embroidery depicting birds and geometric patterns.  Exhibit E,
model Mixtecs, is a shawl manufactured from a 100% woven cotton
fabric.  The shawl measures 72 x 24 inches and features a 5 inch
fringe.  The model name denotes the name of the tribe which
specializes in producing the article.

ISSUE:

     How are these articles classified under the HTSUSA?  Are the
articles of apparel subject to quota/visa restrictions?

LAW AND ANALYSIS:

     Additional U.S. Note 2 to Section XI, HTSUSA, defines the
term "Certified hand-loomed and folklore," for classification and
duty purposes, as "such products [that] have been certified, in
accordance with procedures established by the United States Trade
Representative..., by an official of a government agency of the
country where the products were produced, to have been so made." 
Liquidation under any of these particular folklore subheadings in
contingent upon a bilateral agreement established by the USTR. 
Currently, there is no agreement with Mexico that would qualify
any article to be classified in the "certified handloomed and
folklore" subheadings.  Under the newly negotiated North American
Free Trade Agreement (NAFTA), however, there is an arrangement to
include this type of merchandise under the "certified handloomed
and folklore" subheadings.  For further information on this
matter, please contact our Office of Trade Operations, at the
number given below.

Classification

Exhibit A

     Subheading 6206.30.30, HTSUSA, provides for women's or
girls' woven cotton blouses, shirts and shirt-blouses.

Exhibit B

     Subheading 6211.41.00, HTSUSA, provides for other women's
and girls' garments of wool, including vests.

Exhibit C

     Subheading 6206.30.30, HTSUSA, provides for women's or
girls' woven cotton blouses, shirts and shirt-blouses.

Exhibit D

     Subheading 6204.42.30. HTSUSA, provides for women's and
girls' woven cotton dresses.

Exhibit E

     Subheading 6214.90.0010; HTSUSA, provides for, inter alia,
shawls of cotton.

Quota/Visa Exemption

     U.S. Statistical Note 1 to Section XI, HTSUSA, states:

          Restraints under the Arrangement regarding
          International Trade in Textiles may not apply
          to developing country exports of "hand-loomed
          and folklore products" which have been
          certified, in accordance with procedures
          established by the Committee for the
          Implementation of Textile Agreements pursuant
          to international understandings, by an
          official of a government agency of the
          country where the products were produced, to
          have been so made.

The folklore agreements covering textile products have three
separate provisions.  Currently, all three provisions are
included in the bilateral agreement between the United States and
Mexico.  Therefore, in order for Mexican products to qualify as
exempt from restraints, the products must be:

     1)   handloomed fabric,
     2)   handmade cottage industry products made from
          handloomed fabric, or
     3)   a particular folklore handicraft textile product
          as agreed upon by the Governments of the U.S. and
          Mexico.

     Of the "Mexican Items," which are traditional Mexican
products, cut, sewn or otherwise fabricated by hand in cottage
units of the cottage industry, only Rebozo, a long, narrow shawl,
woven by hand in single or multi-colored designs with fringe
edges or ends of edges hand-knotted, is applicable to your
merchandise.  Should you wish the complete listing of "Mexican
Items" eligible for folklore exemptions, please contact the U.S.
Customs Service, Office of Trade Operations, Textiles and Metal
Products Branch, at (202) 927-0705, and request information on
the "Revised Textile Visa Agreement for Mexico, Including Special
Regime."

HOLDING:

     As a result of the foregoing, the merchandise at issue is
classified as follows:

Exhibits A & C

     ... under subheading 6206.30.3040, HTSUSA, textile category
     341, as women's woven cotton blouses.  The applicable rate
     of duty is 16.4 percent ad valorem.

Exhibit B

     ... under subheading 6211.41.0050, HTSUSA, textile category
     459, as women's woven wool vests.  The applicable rate of
     duty is 17 percent ad valorem.

Exhibit D

     ... under subheading 6204.42.3030, HTSUSA, textile category
     336, as women's woven cotton dresses with two or more colors
     in the warp or filling.  The applicable rate of duty is 12.6
     percent ad valorem.

Exhibit E

     ... under subheading 6214.90.0010, HTSUSA, textile category
     359, as shawls of cotton.  The applicable rate of duty is 12
     percent ad valorem.

     The designated textile and apparel category may be
subdivided into parts.  If so, 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 negotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an issuance
of the U.S. Customs Service, which is updated weekly and is
available 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 importing the merchandise to determine
the current status of any import restraints or requirements.

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.

                           Sincerely,



                      John Durant, Director
                   Commercial Rulings Division