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NY F80852

January 27, 2000

CLA-2-62:RR:NC:3:353 F80852


TARIFF NO.: 6214.30.0000

Ms. Savita Chugh
Bombay Fabric & Sari House
74-08 37th Road
Jackson Heights, NY 11372

RE: The tariff classification of a dupatta from India.

Dear Ms. Chugh:

In your letter dated January 4, 2000 you requested a classification ruling. The sample submitted for examination with the ruling request will be returned to you.

The submitted sample is a dupatta consisting of 100% sheer woven crepe polyester fabric. It measures approximately 76 inches long x 20 inches wide (including tassels). It is solid orange in color, not decorated, and features three finished edges, one unfinished 76 inch edge, and three orange tassels at each end.

Designation as an “India Item” 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, describes “India Items”, in part as:
traditional folklore handicraft textile products made in the cottage industry. They comprise clothes, clothing accessories and decorative furnishings whose shape and design are traditionally and historically Indian.

These products should not include zip fasteners and must be ornamented using one of the following methods:

· handpainting (including Kalamkari) or handprinting or handicraft tie and dye or handicraft Batik
· embroidered or crocheted ornamentation, · applique work of sequins, glass or wooden beads, shells, mirrors or ornamental motif of textile and other materials, · extra weft ornamentation of cotton, silk, zari (metal thread in gold/silver), wool or any other fiber yarn.

A Dupatta is described as: “A scarf usually about 4 ft. long, wrapped by women along with Kurta and Churidar. This also includes other types of scarves worn in varied sizes, the characteristics being the same as above.”

In summary, in order to be considered an "India Item" the article must:

- Meet the definition provided in the agreement; - be ornamented using one of the four approved methods; and - have a traditional Indian pattern or design.

This dupatta fails to meet the requirement for ornamentation and does not fulfill the requirements for eligibility as an “India Item”.

The applicable subheading for the dupatta will be 6214.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of synthetic fibers.” The duty rate will be 5.3% ad valorem.

The dupatta falls within textile category designation 659. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 212-637-7084.


Robert B. Swierupski

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