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HQ 085675


November 22, 1989

CLA-2 CO:R:C:G 085675 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1550

Mr. Henry Abadi
Harvic International Ltd.
1947 Third Avenue
New York, NY 10029

RE: Request for classification of knit nylon shorts

Dear Mr. Abadi:

This ruling is being issued in response to your letter of September 18, 1989, requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for knit nylon shorts from Taiwan.

FACTS:

The sample submitted, style MBS-1720, is a pair of shorts. The knitted shell and full support liner are both of 100% nylon knit. It has a fully elasticized waist and an outer seam length of approximately 17 inches.

ISSUE:

Whether the subject merchandise is classifiable as shorts in Heading 6103, or as swimwear in Heading 6112, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

In your letter of September 18, 1989, you state that you believe the shorts should be classified as swimming trunks. In HRL 081447 dated March 21, 1988, Customs addressed the issue of whether to classify garments as shorts or swimwear. The ruling set out the criteria to be followed in the classification of swimwear. It was stated that Customs would classify as swimwear those garments which have an elasticized waistband through which
a drawstring is threaded, and have a lightweight tricot liner, and are designed and constructed for swimming.

The subject garment possesses the required lining and could be used for swimming. However, the design and construction is more appropriate for use as exercise shorts. This is confirmed by the absence of a drawstring in the waistband. Therefore, classification of the subject merchandise is proper under subheading 6103.43, HTSUSA, which provides for men's shorts.

HOLDING:

The subject nylon shorts are classifiable under subheading 6103.43.1550, HTSUSA, which provides for men's or boys' ...shorts ...knitted or crocheted, of synthetic fibers, other, shorts, men's. The rate of duty is 30 percent ad valorem and the textile category is 647.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Sincerely,

John Durant, Director

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