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HQ 088444


APRIL 25, 1991

CLA-2 CO:R:C:T 088444 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.0090

Ms. Joan L. Peterson
Chief, National Import Specialist Branch 3 New York Seaport
6 World Trade Center
New York, New York 10048

RE: Request for Reconsideration of HRL 085897, Concerning the Statistical Category Applicable for Shorts and Whether Shorts Can be Classified Under an Annotation for Trousers and Breeches

Dear Ms. Peterson:

This is in reply to your memorandum of December 31, 1990, requesting reconsideration of HRL 086447, dated February 22, 1990.

FACTS:

HRL 086447 modified HRL 085879, dated January 30, 1990. Both rulings classified certain unisex knit shorts consisting in part of portions of neoprene laminations, under the provision for other garments made up of fabrics coated, covered, or laminated with plastics or rubber, in subheading 6113.00.00, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). HRL 085879 inadvertently classified the man-made fiber shorts under a statistical annotation for other women's or girls' cotton garments (6113.00.0080, HTSUSA), and HRL 086447 modified HRL 085879 to reflect the proper classification (6113.00.0090).

It is contended that the shorts should be classified under the statistical annotation for trousers and breeches, in subheading 6113.00.0050, HTSUSA. Textile and Apparel Category 648 is applicable to merchandise classifiable in that provision while Textile and Apparel Category 659 is applicable to merchandise classifiable in subheading 6113.00.0090.

ISSUE:

The issue presented is whether shorts are properly classifiable under a statistical annotation for "Trousers and breeches".

LAW AND ANALYSIS:

Breeches are defined as trousers that extend to, or just below, the knee. Webster's II New Riverside University Dictionary, 1984 (at page 200). Trousers are defined by that same dictionary as "An outer garment for covering the body from the waist to the ankles, divided into sections to fit each leg separately." (at page 1238)

It is advanced as a justification for classifying shorts under the annotation for trousers and breeches that the Harmonized Commodity Description and Coding System, Explanatory Notes, which are the official interpretation of the HTSUSA at the international level (for the 4 digit headings and the 6 digit subheadings), defines shorts as trousers that do not cover the knee. (at page 835) We note that the cited portion of the Explanatory Notes does not state that shorts are trousers. In fact, on page 833 of the Explanatory Notes, trousers are specifically defined as garments which usually reach down to or below the ankles. Clearly, considering the popularity and abundance of shorts, the word "usually" would not have been used if shorts were contemplated to fall within the purview of the term "trousers".

We are cognizant that under both the HTSUSA and its predecessor, the Tariff Schedules of the United States Annotated, man-made fiber shorts usually fall in Textile and Apparel Categories 647 and 648. However, it is clear that the tariff provisions for trousers and breeches do not include shorts. Furthermore, it is our understanding that at the time the statistical annotations were drafted, the previous trade in shorts classifiable under Heading 6113 was so low that they were intentionally included in a basket provision with a category designation of 659.

In view of the above, it is Custom's view that this is the type of problem that should be referred to the committee established by 19 U.S.C. 1484(e), which has the authority to amend the existing statistical annotations or to create new ones.

HOLDING:

Unisex man-made fiber knit shorts which are considered to be made up of fabrics that have been coated, covered, or laminated with plastics or rubber, are presently classifiable under subheading 6113.00.0090, HTSUSA.

Please be advised that the Customs Service is presently reviewing the correctness of whether garments which contain fabrics classifiable in Headings 5602, 5603, 5903, 5906 and 5907, HTSUSA, are classifiable under Headings 6113 and 6210, HTSUSA, when those fabrics do not impart the essential character to the garments. In the event that the issue is decided in the negative, the classification of the subject shorts would change to headings which contain specific statistical annotations for shorts.

Copies of this ruling are being furnished to the Committee for the Implementation of Textile Agreements and to the International Trade Commission.

Sincerely,

John Durant, Director

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