HQ 957228: Classification of a tunic, wooden pin, drawstring, andpants; composite good; GRI 3(b); "Pakistan Items; exempt fromtextile quota restraint levels and visa requirements

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 957228

                        February 10, 1995

CLA-2  CO:R:C:T 957228 CAB

CATEGORY:  Classification

TARIFF NO.:  6211.42.0081; 6203.43.4015

Mr. Bernard D. Liberati
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA 19106-3883

RE:  Classification of a tunic, wooden pin, drawstring, and
pants; composite good; GRI 3(b); "Pakistan Items; exempt from
textile quota restraint levels and visa requirements

Dear Mr. Liberati:

     This is in response to your inquiry of September 10, 1994,
requesting a tariff classification ruling on behalf of your
client, Mohammed Zakaria Makada, under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).   Samples were
submitted for examination.

FACTS:

     Four items, manufactured in Pakistan, are the subject of
this ruling.  These items consist of a woven pair of pants and a
tunic, both of which are constructed of 65 percent cotton/35
percent polyester, a knit drawstring; and a wooden pin which is
used to thread the drawstring through the waist of the pants. 
The pants, which are referred to as  Shalwar,  contain a tunnel
waist to accomodate a drawstring and a hemmed bottom.  The
drawstring is referred to as an Izarband is submitted detached
from the pants.  The Izarband is constructed of knit fabric that
is braided on both ends.  The tunic is a pullover with a shirt
type collar, a partial front opening with a four button left over
right means of closure, a side slit pocket on its left side, a
breast patch pocket, long sleeves with  shirt type button closure
cuffs, and approximately two inch side slits on each side.  The
tunic is referred to as a Punjabi Kameez.

     In  addition to the proper tariff classification, you would
also like a determination as to whether the articles at issue
qualify for quota exempt status as "Pakistan Items" as defined in
the United States/Pakistan Bilateral Textile Agreement..


ISSUES:

I.   What is the proper tariff classification for the subject
articles?

II.  Whether the subject articles qualify as "Pakistan Items" and
therefore, are exempt from    quota?

LAW AND ANALYSIS:

     Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI's).  GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes.  Merchandise
that cannot be classified in accordance with GRI 1 is to be
classified in accordance with subsequent GRI's taken in order.

     Heading 6205, HTSUSA, provides for men's or boys' shirts. 
Heading 6211, HTSUSA, provides for other men's garments.  The
Explanatory Notes to the Harmonized Commodity Description and
Coding System (EN), although not legally binding are the official
interpretation of the tariff at the international level.  The EN
to Heading 6205, HTSUSA, state that this heading covers shirts
not knitted or crocheted for men or boys including shirts with
detachable collars, dress shirts, sport shirts and leisure
shirts.  The subject tunic does not resemble any of the
enumerated shirts that are provided for under Heading 6205,
HTSUSA.  Moreover, while the EN do not specify a length, Customs
is of the opinion that the subject garment is too long in length
to resemble any of the listed shirts.  As the tunic is not
provided for under Heading 6205, HTSUSA, the only alternative
category for tariff classification purposes is Heading 6211,
HTSUSA, as an other garment  See Headquarters Ruling Letter (HRL)
954402, dated August 23, 1994, where Customs determined that the
shirt therein was not classifiable under Heading 6205, HTSUSA,
since it extended to the knee area of a wearer and was longer in
length then any of the shirts identified enumerated in the
applicable EN.  Instead, Customs determined that the shirt
therein was properly classifiable in Heading 6211, HTSUSA.  

     Heading 6203, HTSUSA, provides for men's or boys' trousers. 
As the tariff does not contain a heading that specifically
provides for the subject drawstring, wooden pin, and the
trousers, together, classification cannot be based on GRI 1.

     GRI 3 applies to goods that are prima facie classifiable
under two or more headings.  GRI 3 states, in pertinent part, the
following:

     (b)  Mixtures, composite goods consisting of different
          materials or made up of different components, and goods
          put up in sets for retail sale, which cannot be
          classified by reference to 3(a), shall be classified as
          if they consisted of the material or component which
          gives them their essential character, insofar as this
          criterion is applicable.  

The EN to  GRI 3(b), provides, in part:

     (IX) For the purposes of this Rule, composite goods made up
          of different components shall be taken to mean not only
          those in which the components are attached to each
          other to form a practically inseparable whole but also
          those with separable components, provided these
          components are adapted one to the other and are
          mutually complimentary and that together they form a
          whole which would not be normally offered for sale in
          separate parts.

     The subject trousers,  the drawstring, and the wooden pin
meet the requirements for composite goods.  In order to be
considered as composite goods, articles must be (1) adapted to
each other, (2) mutually complementary and (3) form a whole which
would not normally be offered for sale in separate parts.  The
articles are adapted to each other in that the pants have a
tunnel waist to accomodate the drawstring and the drawstring
which was submitted detached from the pants comes with a wooden
pin that is used to thread the drawstring through the waist of
the trousers.  The components are mutually complimentary in their
use and would not normally be offered for sale as separate
articles.  Therefore, the aformentioned articles are considered a
composite good for tariff classification purposes.  

     Having determined that the drawstring, wooden pin, and
trousers are a composite good, it is now necessary to determine
which of the three components gives the article its essential
character.  In determining the essential character of the subject
goods in accordance with GRI 3(b), Customs looks to various
factors for guidance.  Such factors include, but are not limited
to, the nature of the material or component, its bulk, quantity,
weight or value, or by the role of the constituent material in
relation to the use of the goods.  In this case, it appears that
the trousers impart the essential character of the composite
good.  The trousers make up the greatest part of the composite
good and the other two articles are present to accentuate and
complete the trousers.  Thus, the composite good is classifiable
under Heading 6203, HTSUSA, which provides for men's woven
trousers.  

     In limited instances, the Committee for the Implementation
of Textile Agreements (CITA) negotiates bilateral agreements with
certain countries concerning certain commodities.  These
agreements exempt various textile products from quota restraint
levels.  In this case, the tunic, trousers, and drawstring are
listed as traditional folklore products from Pakistan that are
exempt from quota restraint categories.  

     The U.S./Pakistan bilateral textile agreement describes
"Pakistan Items" as those items that are uniquely and
historically traditional Pakistani products.  They are limited to
certain enumerated products.  Included in the enumerated product
descriptions are a Shalwar, an Izarband, and a Punjabi Kameez. 
The definitions are as follows:

                          *    *    *   


     10.  Izarband - a nonwoven (knit) narrow fabric with two
     braided ends which       results in loose fringe at both
                              ends used as a drawstring.

     15.  Shalwar - straight (men) or gathered (women) pants with
          a drawstring waist and either drawstring leg openings
          (no elastic) or cuffs.  The men's shalwar has less
          stitching on the bottom of each leg than the women's
          shalwar.  

     17.  Punjabi Kameez - a loose fitting tunic with an out-
turned collar and shirt type       cuffs and partial front
                                   opening fastened by hooks. 
                                   Buttons, or snaps, but not by
                                   a zipper or velcro.  The tunic
                                   has side slits at least 2
                                   inches or more on both sides. 
                                   It has front pockets and side
                                   slit pockets.  The fabric of
                                   punjabi kameez is solid
                                   colored, striped, printed,
                                   embroidered or patchworked.  

     An examination of the garments manifest that they fit the
aforementioned descriptions in the U.S./Pakistan bilateral
textile agreement.  Moreover, they appear to fit the styling of
uniquely and historically traditional Pakistani products.  

HOLDING:

     Based on the foregoing, the wooden pin, drawstring, and
trousers are classified as a composite good under subheading
6203.42.4015, HTSUSA, which provides for men's woven cotton
trousers.  The applicable rate of duty is 17.7 percent ad
valorem.  The tunic is classified under subheading 6211.32.0081,
HTSUSA, which provides for men's other woven garments.  The
applicable rate of duty is 8.6 percent ad valorem.   

     The subject articles are not subject to textile restraint
categories as they are the subject of a bilateral agreement
negotiated by CITA to exempt them from quota restraint levels
since they qualify as "Pakistan Items".  An exempt certification
stamp issued by the Pakistan government that specifically
identifies the folklore article by name should be presented with
your entry documents.

                                   Sincerely, 



                                   John Durant, Director
                                   Commercial Rulings Division