The classification of women’s shorts from India.

NY G84544 December 21, 2000 CLA-2-61:RR:NC:WA:361 G84544 CATEGORY: Classification TARIFF NO.: 6204.62.4055 Mr. Steve Allan Import Specialist Nordstrom Customs Compliance Department 1617 Sixth Avenue, suite 1000 Seattle, WA 98101-0870 RE: The classification of women’s shorts from India. Dear Mr. Allan: In your letter dated November 16, 2000, you requested a classification ruling for three pairs of women’s shorts. The samples are being returned, as you requested. Style 4690 is a pair of women’s shorts constructed from 100% cotton woven fabric. The shorts have a zipper fly front opening with a one button left-over-right closure; a waistband with five belt loops; two side seam pocket; one back welt pocket; and hemmed leg openings. Style 4630 is a pair of women’s shorts constructed from 100% cotton woven fabric. The shorts have a zipper fly front opening with a hook and bar left-over-right closure; a waistband with five belt loops; two side seam pocket; one back welt pocket; and hemmed leg openings with side slits. Style 4655 is a pair of women’s shorts constructed from 100% cotton woven fabric. The shorts have a three button fly front opening with left-over-right closure; a waistband with seven belt loops; two side patch pockets with flaps; and hemmed leg openings. Chapter 62, note 8 states, in part: Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes. As these garments have a left over right closure, the presumption is that the garments will be for men. However, it is clear based on the cut of the garments that they were designed for women. Therefore, the three styles of shorts will be classified as a women’s garments. The applicable subheading for the three styles will be 6204.62.4055, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s…shorts: of cotton. The rate of duty will be 17 percent ad valorem. Effective January 1, 2001, the rate of duty will be 16.9 percent ad valorem. The three styles of shorts fall within textile category designation 348. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division