HQ 957529: Classification of a woman's shirt known as a Kurta; not "India Item" 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 957529

                           May 11, 1995

CLA-2 R:C:T 957529 CMR

CATEGORY: Classification

TARIFF NO.: 6206.30.3040

Mr. R. S. Barot
Hobnob Inc.
109 West 38th Street
Suite 600
New York, New York 10018

RE: Classification of a woman's shirt known as a Kurta; not
    "India Item" exempt from quota 

Dear Mr. Barot:

     This ruling is in response to your request of December 12,
1994, regarding the classification of a woman's woven blouse,
style 2353.  You request that the garment be considered a non-
quota item because you believe it qualifies as an "India Item"
known as a kurta.  A sample was received with your request.

FACTS:

     The garment at issue, style 2353, is a woman's 100 percent
cotton woven blouse.  The pullover-style blouse features a round
neck with a small "v"-front opening, 3/4 length hemmed sleeves,
and a straight hemmed bottom with seven inch side slits.  The
garment has a straight, loose, and unfitted appearance.  It
features a handprinted design which includes birds, elephants and
flowers.  In length, it reaches to about mid-thigh.  

     The garment will be imported from India through the ports of
Newark or JFK Airport.

ISSUE:

     Is style 2353 an "India Item" described in the United
States/India bilateral textile agreement and thus exempt from
quota?
                               -2-


LAW AND ANALYSIS:

     Classification of goods under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA) is governed by the
General Rules of Interpretation (GRIs).  GRI 1 provides that
"classification shall be determined according to the terms of the
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]."

     The blouse at issue is classified in the provision for
women's woven cotton blouses, shirts and shirt-blouses in
subheading 6206.30.3040, HTSUSA.  Its designation as an "India
Item" exempt from quota is not determined by the HTSUSA, but by
the language of the bilateral textile agreement between the
United States and India regarding such items.

      The U.S./India bilateral textile agreement 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 kurta is defined in the U.S./India bilateral textile
agreement as:

     A loose, almost straight cut tunic of any length from the
     hips to the ankles with quarters, half or full length narrow
     or loose sleeves, with or without buttons at the neck or
     cuff but without out-turned shirt-style cuffs or out-turned
     shirt collar.

     An examination of the garment at issue shows that it fits
the above definition for a kurta.  However, although the garment
has a shape and design which we believe is traditionally and
historically Indian, the garment is not ornamented by
handprinting as claimed. 
                               -3-


     This office submitted the sample garment to the Office of
Laboratory and Scientific Services for analysis.  Based on their
examination, that office concluded that the fabric from which
this garment is made does not have the characteristics of
handpainting, handprinting, tie and dye, or batik.  Thus, the
garment is not ornamented as required under the Annex E of the
bilateral agreement to qualify as an "India Item".

HOLDING:

     Style 2353, a woman's 100 percent cotton woven shirt or
blouse, known as a kurta, does not qualify as an "India Item" and
is therefore subject to quota.  The garment is classified in
subheading 6206.30.3040, HTSUSA, which provides for women's
cotton woven shirts.  Garments classified in this provision are
dutiable at 16.3 percent ad valorem and fall within textile
category 341.

     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