CLA-2 CO:R:C:G 087531 DRR
Ms. Sandra Manseta
Dev Imports Ltd.
P.O. Box 1200
Pearl River, New York 10965
Re: Classification of unconstructed pants
Dear Ms. Manseta:
This is in response to your letter dated June 6, 1990,
requesting the classification of unconstructed pants under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise at issue consists of a pair of
unconstructed pants, style 75430, made of 100 percent woven
cotton. The garment is 43.5 inches long with a drawstring
waist and one patch pocket on the back. Although the garments
are all the same size, except for the XL which is slightly
larger, they will be sized S, M, L, and XL for some markets,
and "one size fits all" for other markets, depending on the
wishes of your customers. You state that the garment is
intended to be men's wear, even though it has no fly opening.
The garment will be imported from Bangladesh or India.
ISSUE:
What is the proper classification of the garment at issue?
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. Note 8, Chapter 62, HTSUSA, states that
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unisex garments are classified under the provisions for women's
garments. Although you state that the garment in question is a
men's garment, it does not have any particular features of a
man's garment. The unconstructed styling and absence of a fly
are more indicative of unisex garments. It is also Customs
position that garments labeled "one size fits all" are not
sized to a specific customer and are considered unisex
garments. (See HRL 085848, dated December 14, 1989.)
HOLDING:
The shorts at issue are classified under subheading
6204.62.4020, HTSUSA, with a duty rate of 17.7 percent ad
valorem, and are subject to textile category 348.
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,
John Durant, Director
Commercial Rulings Division
6 cc: Area Dir., N.Y. Seaport
D. Rimmer library/peh
085897