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NY F85642

May 18, 2000

CLA-2-62:RR:NC:3:353 F85642


TARIFF NO.: 6214.20.0000

Ms. Marilyn Mahler
Savitransport, Inc.
149-10 183rd Street
Jamaica, NY 11413

RE: The tariff classification of a dupatta from India claimed to be an “India Item.”

Dear Ms. Mahler:

In your letter dated April 20, 2000, on behalf of Fabricology, you requested a tariff classification ruling.


The submitted sample, called a “shawl”, is a dupatta that is composed of 100% woven wool fabric. The item is a piece of fabric measuring 40 inches wide and 72 inches long with selvedges along the width and an unfinished length. The item is heavily embroidered except for the last 9 inches at each end. The literature you furnished refers to the item as a scarf and states that the item is handmade, hand-dyed and hand embroidered. No style designation was provided with the submitted sample.


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, at Annex E, Head Note 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 Items" the articles 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

The dupatta fits the definition previously cited. It is has an extensive design that we accept as being traditionally and historically Indian, and is ornamented using the approved method of embroidery. The item qualifies as an “India Item” exempt from quota restraints.


The applicable subheading for the dupatta or “shawl” will be 6214.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of wool or fine animal hair.” The rate of duty will be 6.7% ad valorem.

The dupatta qualifies as an “India Item” and is exempt from quota. An exempt stamp issued by the Indian government that specifically identifies the folklore by name should be presented with your entry documents in order for the goods to enter exempt from quota.

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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