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HQ 087531


October 9, 1990

CLA-2 CO:R:C:G 087531 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4020

Ms. Sandra Manseta
Dev Imports Ltd.
P.O. Box 1200
Pearl River, New York 10965

RE: Classification of unconstructed pants

Dear Ms. Manseta:

This is in response to your letter dated June 6, 1990, requesting the classification of unconstructed pants under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of a pair of unconstructed pants, style 75430, made of 100 percent woven cotton. The garment is 43.5 inches long with a drawstring waist and one patch pocket on the back. Although the garments are all the same size, except for the XL which is slightly larger, they will be sized S, M, L, and XL for some markets, and "one size fits all" for other markets, depending on the wishes of your customers. You state that the garment is intended to be men's wear, even though it has no fly opening. The garment will be imported from Bangladesh or India.

ISSUE:

What is the proper classification of the garment at issue?

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. Although you state that the garment in question is a men's garment, it does not have any particular features of a man's garment. The unconstructed styling and absence of a fly are more indicative of unisex garments. It is also Customs position that garments labeled "one size fits all" are not sized to a specific customer and are considered unisex garments. (See HRL 085848, dated December 14, 1989.)

HOLDING:

The shorts at issue are classified under subheading 6204.62.4020, HTSUSA, with a duty rate of 17.7 percent ad valorem, and are subject to textile category 348.

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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