CLA-2 CO:R:C:G 086979 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 March 29, 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 consists of a men's garment made
of 100 percent woven cotton fabric. The garment has a non-
elasticized waist with a drawstring, a full inner pant made of
nylon, a fly front with a hook and loop closure, two side
pockets, and one back pocket with a hook and loop closure. The
garment extends 21 inches on the outside seam of a size medium.
Your letter indicates that the garments will be imported from
China and Hong Kong.
ISSUE:
Whether the garment at issue is classifiable as shorts or
swimwear.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
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.
-2-
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 drawstring and a lining. However, the garment does not
have an elasticized 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
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,
Gerald Laderberg, Acting Director
Commercial Rulings Division
6 cc: Area Dir., N.Y. Seaport
D. Rimmer library/peh
086979