Classification of unisex shorts

HQ 085897 January 12, 1990 CLA-2 CO:R:C:G 085897 DRR CATEGORY: Classification TARIFF NO.: 6104.63.2030 Ms. Christy Miller NIKE, Inc. 9000 S.W. Nimbus Drive Beaverton, Oregon 97005 Re: Classification of unisex shorts Dear Ms. Miller: This is in response to your letter dated October 6, 1989, requesting the classification of unisex sports shorts under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). FACTS: The merchandise at issue consists of a pair of unisex shorts made of 82 percent nylon and 18 percent lycra spandex tricot. The garment is knit, narrow cut, and mid-thigh length. It has a contoured waist with adjustable front closure, adjustable gripper at the leg cuffs and an embossed logo patch on the lower left side panel. There are irregularly shaped pieces of neoprene lamination, assumed to be synthetic rubber, at the waist, on the inner legs, the side seams and in strips on the bottom cuffs. You state that the garment is designed for water sports such as sailboarding or surfing and will be imported from Taiwan. Your letter indicates that you believe that the garment is properly classified under subheading 6112.31.0010.3, with a duty rate of 27.6 percent and subject to textile category 659. ISSUE: Whether the garment at issue is classifiable under subheading 6112.31.0010, HTSUSA, 6104.63.2030, HTSUSA, or 6113.00.0080, HTSUSA. -2- 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 unisex garments are classified under the provisions for women's garments. Heading 6112 provides for articles of men's and boy's clothing and the shorts in question are therefore not classifiable under that heading. Heading 6104 provides for, among other things, women's shorts. Heading 6113, HTSUSA, provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906, or 5907. Note 7, Chapter 61, states that garments which are, prima facie, classifiable both in Heading 6113 and in other headings of that chapter, are to be classified in Heading 6113. The Explanatory Notes to the HTSUSA may be consulted for guidance as to the correct international interpretation of the various HTSUSA provisions. The Explanatory Notes for Chapter 61 state that the classification of goods in that chapter is not affected by the presence of parts or accessories of, for example, knitted or crocheted fabrics, furskin, feather, leather, plastics or metal. The neoprene portions of the garment form significant and integral parts of the garment's structure and are therefore more than accessories or trim. The garment may be considered "made up" of fabrics of Heading 5906 for the purposes of classification under Heading 6113. HRL 081134, dated April 27, 1989; HRL 080947, dated January 30, 1989. HOLDING: The shorts at issue are classified under subheading 6113.00.0080, HTSUSA, with a duty rate of 7.6 percent ad valorem, and are subject to textile category 359. 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. -3- 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. Your sample is being returned to you, as requested. Sincerely, John Durant, Director Commercial Rulings Division 6 cc: Area Dir., N.Y. Seaport D. Rimmer library/peh 085897