CLA-2 CO:R:C:T 956289 HP
Mr. Lawrence D. Blume
Graham & James
2000 M Street, N.W.
Suite 700
Washington, D.C. 20036
RE: HRL 084622 revoked. Protective sports clothing is other
garment, not shorts. Soccer; goalie; padded
Dear Mr. Blume:
This is further to your letter of May 4, 1989. That letter
concerned the tariff classification, under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), of soccer goalie
protective shorts, produced in Taiwan. Please reference your
client Union Jacks, a division of Gelhaar Uniform Company.
FACTS:
The merchandise at issue consists of soccer goalie protective
shorts. The woven shorts are of a 65% polyester / 35% cotton
blend, with an elasticized waistband having a drawstring tie, and
with foam padding sewn over the front of the thighs and hips. The
padding is held in place by two-inch quilted squares.
In HRL 084622 of June 21, 1989, we classified this merchandise
under heading 6203, HTSUSA, as men's woven shorts. We have had
occasion to review this decision, and have determined that it was
issued in error. Pursuant to section 625, Tariff Act of 1930 (19
U.S.C. 1625), as amended by section 623 of Title VI (Customs
Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter section 625), notice of the proposed revocation of HRL 084622 was published on May
18, 1994, in the Customs Bulletin, Volume 28, Number 20.
ISSUE:
Whether the protective shorts are considered shorts or other garments under the
HTSUSA?
LAW AND ANALYSIS:
Heading 6203, HTSUSA, provides for, inter alia, men's and boys' shorts. The
Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System
(Harmonized System) constitute the official interpretation of the scope and content of the tariff
at the international level. They represent the considered views of classification experts of the
Harmonized System Committee. Totes, Inc. v. United States, No. 91-09-00714, slip op. 92-153, 14
Int'l Trade Rep. (BNA) 1916, 1992 Ct. Intl. Trade LEXIS 158 (Ct. Int'l Trade 1992). While not
treated as dispositive, the EN are to be given considerable weight in Customs' interpretation of
the HTSUSA. Boast, Inc. v. United States, 15 Int'l Trade Rep. (BNA) 1188, 1993 Ct. Intl. Trade
LEXIS 19 (Ct. Int'l Trade 1993). It has therefore been the practice of the Customs Service to
follow, whenever possible, the terms of the Explanatory Notes when interpreting the HTSUSA.
The EN to this heading defines shorts as " trousers' which do not cover the knee."
Heading 6211, HTSUSA, provides for other woven garments not more specifically
provided for in the preceding headings. The EN to heading 6114, which applies mutatis mutandis
to the articles of heading 6211, states that the heading includes, inter alia, "special articles of
apparel used for certain sports or for dancing or gymnastics (e.g., fencing clothing, jockeys' silks,
ballet skirts, leotards). . . ."
In HRL 086973 of April 30, 1990, we stated that it is
Customs' view that [heading 6203] is confined to Bermuda, walk
and other dress-type shorts and does not include . . . shorts used for
sports. Whereas the former are a form of casual dress, the latter are
specifically designed for [a particular sport], and, in addition, serve
a protective function. Like fencing clothing and ballet skirts,
hockey pants have a particular function and are not commonly
worn except in furtherance of this end. Thus hockey pants are not
ejusdem generis with trousers, overalls, breeches or Bermuda shorts
but are a separate and distinct class of merchandise.
See also HRL 951640 of July 16, 1992 (hockey official's pants); HRL 950846 of April 8, 1992
(cycling shorts). HRL 084622's classification of the soccer goalie's protective shorts as shorts was,
based upon the above analysis, incorrect. Accordingly, that ruling is hereby revoked.
HOLDING:
As a result of the foregoing, the instant merchandise is classified under subheading
6211.33.0061, HTSUSA, textile category 659, as other woven garments. The applicable rate of
duty is 17 percent ad valorem.
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 negotiations and
changes, to obtain the most current information available, we suggest that you check, close to the
time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an
issuance of the U.S. Customs Service, which is updated weekly and is available 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, you should contact your local Customs
office prior to importing the merchandise to determine the current status of any import restraints
or requirements.
This letter should be considered a revocation of HRL 084622 of June 21, 1989. In
accordance with section 625, this ruling will become effective 60 days after its publication in the
Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does not constitute
a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19
C.F.R. 177.10(c)(1).
A copy of this ruling letter should be attached to the entry documents filed at the time this
merchandise is imported. If the documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division