HQ 0085618 - Classification of men's garments - United States International Trade Commision Rulings

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HQ 085618

December 11, 1989

CLA-2 CO:R:C:G 085618 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.49.3045; 6203.49.3060

M. Tracy Spencer
Expeditors International
P.O. Box 45257
Atlanta, Georgia 30320

RE: Classification of men's garments

Dear Mr. or Ms. Spencer:

This is in response to your letter dated September 21, 1989, requesting the classification of men's pants and shorts under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of two samples. Style 9L447, is a pair of men's shorts made of 55 percent ramie and 45 percent cotton woven fabric. Style 9L160 is a pair of men's pants also made of 55 percent ramie and 45 percent cotton woven fabric. Both styles have three inset pockets of 100 percent cotton.

ISSUE:

Whether the garments at issue are classifiable under subheading 6203.49.3045, HTSUSA and 6203.49.3060, HTSUSA, and whether the pockets should be considered in determining the fiber content of the merchandise.

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 6203 provides for, among other
things, men's trousers and shorts. Subheading 6203.49.3045, HTSUSA, provides for trousers and breeches, other, other. Subheading 6203.49.3060, HTSUSA, provides for shorts, other.

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 Explanatory Notes for Headings 6117 and 6217 contain a partial listing of articles considered to be "parts" and "accessories." The listing includes linings, pockets, collars, and cuffs.

HOLDING:

The trousers at issue are classified under subheading 6203.49.3045, HTSUSA, as trousers and breeches, other. The shorts at issue are classified under subheading 6203.49.3060, HTSUSA, as shorts, other. Both items have a duty rate of 3 percent ad valorem, and are subject to textile category 847. The pocket lining material is not included when determining the tariff classification.

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

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