HQ 957631: Classification of a woman's cotton woven dress; not "India Item"; not Chola; 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 957631

                          March 28, 1995

CLA-2 CO:R:C:T 957631 CMR

CATEGORY: Classification

TARIFF NO.: 6204.42.3050

Ms. Judy Kearney
Network Brokers International, Inc.
Airport Industrial Office Park
Building C-1D
145th Avenue & Hook Creek Blvd.
Valley Stream, New York 11581
 
RE: Classification of a woman's cotton woven dress; not "India
    Item"; not Chola; not exempt from quota

Dear Ms. Kearney:

     This ruling is in response to your request of January 12,
1995, on behalf of Elias Sayour Co., regarding the eligibility of
a woman's garment, style 25416, as an "India Item" exempt from
quota.  A sample was submitted with your request and will be
returned under separate cover.

FACTS:

     The garment at issue, style 25416, is identified by you as a
ladies batik printed dress known as a chola.  The garment is a
woman's 100 percent cotton woven dress.  The garment is a
pullover dress which reaches from the shoulders to about the
ankles.  It features a V-shaped neck, long loose sleeves, front
and back yokes (which end above the bust line), a three button
opening at the rear of the neck, two side seam pockets at the
hips, and a seventeen-inch ruffled flounce at the bottom of the
garment.  You state the fabric of the dress is hand printed in
India.  

     The shipper believes the subject garment is a folklore
product exempt from quota.  The classification of the garment as
a woman's cotton woven dress in subheading 6204.42.3050, HTSUSA,
is not at issue.

ISSUE:

     Is the woman's dress at issue, style 25416, which is stated
to be a chola, an "India Item" exempt from quota?                               -2-


LAW AND ANALYSIS:

     Designation of certain items as "India Items" exempt from
quota is determined by the language of the bilateral textile
agreement between the United States and India, and not by the 
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).  The U.S./India bilateral textile agreement, at Annex
E, Head Note, 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 chola is defined in Annex E of the bilateral agreement as:

     An ankle-length, loose-fit, long Kurta traditionally worn by
     religious priests.

A kurta is defined therein 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 sleeve, with or without buttons at the neck or cuff
     but without out-turned shirt-style cuffs or out-turned shirt
     collar.

     Reading the definitions given in Annex E together, for the
garment at issue to qualify as a chola it must meet the
definition of a kurta and be a garment "traditionally worn by
religious priests."

     Based upon the design of the garment at issue, Customs does
not believe it meets the definition of a kurta.  It is not "a
loose, almost straight cut tunic", but a very full, loose garment
that flares out somewhat from the body.  This flaring is caused
by gathers where the front and back panels are sewn to the
garment yokes and by the large ruffle at the bottom of the
garment.
                               -3-


     As the garment at issue fails to meet the definition of a
kurta, it cannot be a chola.  Additionally, Customs has
difficulty viewing this garment as one "traditionally worn by
religious priests."  

HOLDING:

     The dress at issue, style 25416, is classified as a woman's
woven cotton dress in subheading 6204.42.3050, HTSUSA, textile
category 336, dutiable at 12.2 percent ad valorem.  Since this
garment does not meet the definitions for an "India Item" set out
in Annex E of the bilateral agreement, it is subject to all
applicable visa/quota restraints.

     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