CLA-2 CO:R:C:G 087476 DRR
Mr. Jack Dweck
Chase International Corp.
10 West 33rd Street
New York, New York 10001
Re: Classification of men's shorts
Dear Mr. Dweck:
This is in response to your letter dated May 16, 1990,
requesting the classification of a men's garment under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise at issue, style CR91-3860, consists of a
men's garment made of 100 percent woven cotton fabric. The
garment has a waist that is elasticized in the back and
non-elasticized in the front. The front of the waistband has
strips of hook and loop fastener which enable the wearer to
adjust the fit of the garment. The garment also has a full
inner pant made of nylon. The garment extends 21 inches on the
outside seam of a size medium. Your letter indicates that the
garments will be imported from Taiwan. You also state in your
letter that the garment is designed, manufactured and sold as
swimwear.
ISSUE:
Whether the garment at issue is classifiable as shorts or
swimwear.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
-2-
accordance with the General Rules of Interpretation (GRI),
taken in order. GRI 1 provides that classification shall be
according to the terms of the headings and any relative section
or chapter notes. Heading 6211, HTSUSA, provides for track
suits, ski-suits and swimwear. Heading 6203, HTSUSA, provides
for, among other things, men's shorts.
Headquarters Ruling Letter (HRL) 081447, dated March 21,
1989, states that garments which have elasticized waists with
drawstrings, inner linings and which have been designed and
constructed for swimming will be classified as swimwear. The
garment at issue has some determinative features of swimwear,
i.e., a partially elasticized waist and a lining. However, the
garment does not have a drawstring at the waist and does not
appear to have been designed and constructed as swimwear. No
information was furnished concerning the advertising and
marketing of the garment. Therefore it will be classified as
shorts instead of swimwear.
HOLDING:
The shorts at issue are classified under subheading
6203.42.4050, HTSUSA, as men's or boy's suits, ensembles,
suit-type jackets, blazers, trousers, bib and brace overalls,
breeches and shorts, of cotton, other, shorts, men's, with a
duty rate of 17.7 percent ad valorem, and are subject to
textile category 347.
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 Report 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
and the restraint (quota/visa) categories applicable to textile
-3-
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc: Area Dir., N.Y. Seaport
D. Rimmer library/peh
086979