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HQ 958255




September 25, 1995

CLA-2 R:C:T 958255 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

John A. Bessich, Esquire
Follick & Bessich, P.C.
33 Walt Whitman Road, Suite 204
Huntington Station, New York 11746

RE: Classification of men's nylon shorts; heading 6203, HTSUSA

Dear Mr. Bessich:

This is in response to your letter, dated June 15, 1995, on behalf of your client, Starter Corporation, requesting a classification and marking ruling for a pair of men's nylon shorts made in Korea. As the Special Classification and Marking Branch will address the issue of the proper country of origin marking of the subject merchandise in a separate letter, this ruling will address itself only to the classification issue.

FACTS:

The subject sample consists of a pair of men' s woven nylon shorts featuring an elasticized waistband, two inserted side seam pockets and hemmed leg bottoms. The letters "USA", measuring approximately one inch high, are embroidered on the lower left leg.

ISSUE:

What is the proper classification of the merchandise at issue?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI. Chapter 62, HTSUSA, provides for, articles of apparel and clothing accessories, not knitted or crocheted. Heading 6203, HTSUSA, provides for, inter alia, men's or boys' shorts. Accordingly, the subject men's shorts are classified in subheading 6203.43.4030, HTSUSA, in the provision for men's shorts of synthetic fibers.

HOLDING:

The subject men's shorts are classified in subheading 6203.43.4030, HTSUSA, which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other: other: shorts: men's. The applicable rate of duty is 29.5 percent ad valorem and the quota 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 international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that your client check, close to the time of shipment, the Status on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at the 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, your client should contact the local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director

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