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HQ 957279




February 10, 1995

CLA-2 CO:R:C:T 957279 CAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3050

Mr. Shahida Saleem
Catco International Inc.
450 Seventh Avenue
Suite 917
New York, NY 10123

RE: Classification of woven dresses; not "Pakistan Items" exempt from quota; U.S./Pakistan bilateral textile agreement

Dear Mr. Saleem:

This is in response to your inquiry of September 8, 1994, requesting a classification ruling for women's garments. You request that the garments be considered non-quota items because you believe they qualify as "Pakistan Items". Samples were submitted for examination.

FACTS:

There are two samples at issue. The samples are designated as Style 6101, "Shisha Embroidered Dress" and Style 6003, "Pakistan Caftan". Both garments are made from 100 percent woven cotton printed fabric. Style 6101 is a pullover dress that extends from the shoulders to the knee area and contains a V-neck, short elasticized sleeves, and a flounced bottom. The body of the dress is solid in color while the front panel contains five contrasting colored embroidered appliques with mirror-like embellishments. The sleeves and the flounce are made from multi-colored printed fabric. Style 6003 is an ankle length caftan made from printed fabric with an embroidered front yoke.

ISSUE:

Whether the garments at issue are "Pakistan Items" and therefore, exempt from quota?

LAW AND ANALYSIS:

The dresses at issue are classifiable in subheading 6204.42.3050 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's woven cotton dresses. The subject dresses designation as "Pakistan Items" that are exempt from quota are not determined by the HTSUSA, but by the language of the bilateral textile agreement between the United States and Pakistan regarding such items.

The U.S./Pakistan bilateral textile agreement describes "Pakistan Items" as "those items that are uniquely and historically traditional Pakistani products."

A "shisha embroidered dress" is defined in the U.S./Pakistan bilateral textile agreement as:

A dress which is knee length or longer with at least the front area above the waist covered with an overlay. The overlay contains embroidery and mirrors which are attached to the overlay by embroidery. This dress has a partial back opening fastened by hooks, buttons, or snaps, but not by zippers or velcro. The mirrors and embroidery must cover the front area above the waist, however, there are no restraints on other sections being covered by mirrors and embroidery.

A "kaftan" is defined in the U.S./Pakistan bilateral textile agreement as:

A women's loose fitting pullover full or ankle length garment with partial front or back opening fastened by hooks, buttons, snaps or string but not by a zipper or velcro. The fabric of the Kaftan may be solid colored, striped, printed, crocheted, embroidered and/or patchworked. The Kaftan has side slits or a back slit for walking.

When examining the samples in light of the U.S./Pakistan bilateral textile agreement, it is clear that they do not meet the definitions given for a kaftan or a shisha embroidered dress. Style 6101 does not have a partial back opening and while it does contain five appliques on the front, these appliques do not cover the front area. Style 6103 has the general appearance of a caftan but it does not have a partial front or back opening, nor does it have a back or side slits. As the instant articles do not meet the full requirements of the aforementioned definitions as used in the U.S./Pakistan bilateral textile agreement, they do not qualify as quota exempt Pakistan Items.

HOLDING:

Based on the foregoing, Styles 6103 and 6101 are classified in subheading 6204.42.3050 and dutiable at 12.2 percent ad valorem. As the articles do not qualify as "Pakistan Items", they are subject to textile visa/quota restraints. Upon entry, textile visas from Pakistan for category 336 will be required.

The designated textile and apparel category may be subdivided into parts. If so, 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 that you check, close to the time of shipment, The Status on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which 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 applicable to textile merchandise, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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