HQ 086145: Applicability of Quota Restraint on Lap Rugs from India

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                        HQ 086145
                      March 6, 1990


CLA-2  CO:R:C:G  086145  JS

CATEGORY:  Classification

TARIFF NO.:  6301.30.0010

Art Morales
Impressions Imports, Inc.
3214 Skylane Drive
Carrollton, TX 76005

RE:  Applicability of Quota Restraint on Lap Rugs from India

Dear Mr. Morales:

     On November 13, 1989, a classification ruling was issued
(NYRL 846411) classifying a hand woven lap rug in subheading
6301.30.0010, Harmonized Tariff Schedule of the United States
Annotated, which provides for blankets and traveling rugs,
blankets (other than electric blankets) and traveling rugs, of
cotton, woven.  You ask that we review the applicability of quota
restraints to this merchandise, which you believe is exempt from
such restraints as a product of India.

FACTS:

     The product at issue is described in your letter as a
handwoven lap rug made of 100 percent white cotton with a
diagonal weave, produced in various sizes.  It is primarily used
for warmth.

ISSUE:

     Whether a hand woven lap rug from India is exempt from quota
restraints 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 includable within Annex D of the Agreement, which states
as follows:







     1.  The exemption provided for in paragraph 6 of the
         Agreement shall apply only to the following products:

         (A)  Handloom fabrics of the cottage industry of India

         (B)  Hand-made textile products made in the cottage
              industry of India from fabrics referred to in (A)
              above.

         (C)  Hand-made apparel products made in the cottage
              industry of India from fabrics referred to in (A)
              above.

         (D)  Traditional folklore handicraft textile products
              made in the cottage industry of India as defined in
              the list of "India Items" agreed between both the
              parties and attached herewith at Annex E.

     2.  Exemption shall be granted only for products covered by
         an exempt certificate issued by the competent Indian
         authorities in accordance with the visa and
         certification systems agreed to between the two parties
         and attached to this Agreement at Annex F.  However, for
         the duration of the current Agreement, exports of
         products in categories 335, 336/636, 342, 347/348 are
         not exempt, and will be subject to quantitative limits
         established under the Agreement.

     Pursuant to a directive from the Committee for the
Implementation of Textile Agreements ("CITA") dated February 14,
1990, the visa requirements for India have been amended.
Effective February 22, 1990, hand-made handloom made-up articles,
produced or manufactured in India and exported from India on and
after January 1, 1989, shall no longer be exempt from quota or
visa requirements.  Also, visas are required for shipments of
hand-made handloom made-up articles produced or manufactured in
India and exported from India on and after January 1, 1990.  The
following part categories have been effected:

          369-D  HTS Nos. 6302.60.0010, 6302.91.0005,
                 and 6302.91.0045.

          369-S  HTS No. 6307.10.2005

          369    All remaining HTS numbers in category 369









     The subject lap rug falls into the textile category
designation 369.  Based on the CITA directive referenced above
and international textile trade agreements, such products of
India are subject to visa requirements and quota restraints.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Operations Division