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HQ 957231

November 21, 1994

CLA-2 CO:R:C:T 957231 CMR


TARIFF NO.: 6204.42.3050

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

RE: Classification of a woman's dress known as a Kurta; "India Item" exempt from quota

Dear Mr. Barot:

This ruling is in response to your request of September 8, 1994, regarding the classification of a woman's dress, style 7131. 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.


The garment at issue, style 7131, is a woman's 100 percent cotton woven dress. The pullover dress features a round neck with a small "v" opening in the front, long hemmed sleeves, and a straight hemmed bottom with six inch side slits. The garment has a straight, loose, and unfitted appearance. It features a handprinted floral white and gold floral design around the front neckline. In length, it reaches to a little below the knees (about three inches).

Customs issued DD 801074 on September 2, 1994, in which we classified style 7131 as a woman's cotton woven dress in subheading 6204.42.3050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The ruling was issued in response to your request of August 15, 1994. It was not clearly stated in your August request that you wished the ruling to include a determination of eligibility for quota exemption as an "India Item". Thus, DD 801074 did not address that issue.


Is style 7131 an "India Item" described in the United States/India bilateral textile agreement and thus exempt from quota?


The dress at issue is classified in the provision for women's woven cotton dresses in subheading 6204.42.3050, 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 shows that it fits the above definition for a kurta. In addition, the garment is ornamented by handprinting and has a shape and design which we believe is traditionally and historically Indian.


Style 7131, a woman's 100 percent cotton woven dress, known as a kurta, does qualify as an "India Item" and is therefore exempt from quota. An exempt certification stamp issued by the Indian government that specifically identifies the folklore article by name should be presented with your entry documents.


John Durant, Director
Commercial Rulings Division

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