HQ 087476: 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 087476

                                   September 7, 1990




            CLA-2 CO:R:C:G  087476 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 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















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            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




















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            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