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HQ 086363
April 25, 1990

CLA-2 CO:R:C:G 086363 JS

CATEGORY: CLASSIFICATION

Mr. Eric Jones
Eric Jones Customs Brokerage
5777 W. Century Blvd.
Suite 380
Los Angeles, CA 90045

RE: Indian Folklore Exemption

Dear Mr. Jones:

This is in reply to your letter of January 17, 1990, on behalf of Boom Club Inc., concerning the tax exempt status of Indian folklore apparel.

FACTS:

The merchandise at issue are two pair of ladies' 100 percent rayon woven tie-dyed pants. Style no. A-638 has a drawstring running through the hem at the waist, two hidden side pockets, and full cut legs which taper at the ankles. Style no. A-626 has an elasticized waistband with a drawstring running through it, two hidden side pockets, and full cut legs which taper at the ankles. The samples will be returned under separate cover, as requested.

ISSUE:

Whether the merchandise at issue qualifies as Indian folklore for quota exempt status pursuant to the United States and India Bilateral Textile Agreement?

LAW AND ANALYSIS:

In order for a product of India to acquire exempt status under the United States and India Bilateral Textile Agreement, it must be included within Annex D of the Agreement, which covers traditional folklore handicraft textile products made in certain cottage industries of India.

The subject garments are not included among those identified in the referenced Annex. Based on the bilateral trade agreement referenced above, such products of India are subject to visa requirements and quota restraints.

Your sample is being returned to you as requested.

Sincerely,

Jerry Laderberg

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