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HQ 951022


March 5, 1992

CLA-2 CO:R:C:T 951022 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Mr. Mitchel R. Scher
Vandegrift Forwarding Company, Inc.
One Evertrust Plaza
Jersey City, NJ 07302

RE: Men's woven nylon shorts; not sleep wear; classifiable heading 6203 HTUSA.

Dear Mr. Scher:

This ruling is in reply to your letter dated December 30, 1991, regarding the classification under the Harmonized Tariff Schedule of the United States Annotated (HTUSA) of a sample pair of men's woven nylon shorts.

FACTS:

The merchandise at issue (Style No. 2998/589) is a pair of men's woven nylon shorts. It has a fully elasticized waistband with a drawstring, two side seam pockets and a rear pocket. The word "Nautica", a tropical bird perched on a limb and the words "RAIN FOREST" are embroidered on the lower left leg. The sample submitted is claimed to be a sleep short which coordinates with a man's robe, the subject of New York Ruling 868394.

ISSUE:

Whether the submitted merchandise is classifiable as underpants, briefs and similar articles, under heading 6207 or under heading 6203, HTUSA, which provides for men's woven shorts?

LAW AND ANALYSIS:

Classification of merchandise under the HTUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. The GRI's require that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Virtually all goods are classified by application of GRI 1. In the event that the goods cannot be classified solely on the basis of GRI 1 and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

The tariff heading you proposed for the shorts in your submission of December 30, 1991, provides for the following:

6207 Men's or boys' singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes,dressing gowns and similar articles.

In support of that claim you refer to New York Ruling 868394 dated November 21, 1991, designating a man's robe (which coordinates with the submitted sample) as the basis for classifying the shorts under heading 6207 HTUSA.

It should be noted however that the robe was classified under heading 6207 as an article similar to bathrobes and dressing gowns, that is, a beachrobe, as provided for in C.I.E. Textile and Apparel Category Guidelines 13/88 and the Explanatory Notes to heading 6207 HTUSA.

The Explanatory Notes (EN) to the HTUSA, while not legally binding, constitute the official interpretation of the Harmonized System at the international level. It has been the practice of the Customs Service to follow, whenever possible, those terms when interpreting the HTUSA. Explanatory Note 62.07 states:

The heading also includes nightshirts, pajamas, bathrobes (including beachrobes), dressing gowns and similar articles for men or boys (garments usually worn indoors).

In determining whether an article of clothing is sleepwear it is important to look at the construction of the item. In this case the assorted properties of the shorts - three pockets, the lack of a fly front opening and its rather coarse construction, in conjunction with the fact that it coordinates with the robe, indicate that the sample shorts are not sleepwear and are properly classified under heading 6203. Heading 6203 provides for:

Men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than sleepwear).

HOLDING:

As a result of the foregoing, the instant merchandise is classified under subheading 6203.43.4030 HTUSA which provides for men's woven shorts of synthetic fibers. The rate of duty is 29.7 percent ad valorem. The textile category is 647.

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 the international bilateral agreements which are subject to frequent negotiations 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 and is available at your local Customs office.

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

Sincerely,

John Durant, Director
Commercial Rulings Division

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