HQ 086979: Classification of men's shorts

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 086979
                                     May 15, 1990



            CLA-2 CO:R:C:G  086979 DRR

            CATEGORY:  Classification

            TARIFF NO.:  6203.42.4050

            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