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NY F81015




January 21, 2000

CLA-2-61:RR:NC:WA:361 F81015

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3532

Ms. Jeannine Greener
Import Specialist
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The classification of women’s shorts from Macau.

Dear Ms. Greener:

In your letter dated December 9, 1999, you requested a classification ruling for a woman’s water short. The sample is being returned, as you requested.

The submitted garment, style 012-0086 is a pair of women’s shorts constructed from 100% nylon woven fabric. The shorts have a fly front opening with VELCROtm left-over-right closure; an elasticized waistband with a drawstring; one side seam pocket; one front pocket at the bottom of the leg with a zipper closure; a back patch pocket with VELCROtm closure; and hemmed leg openings.

Chapter 62, note 8 states, in part:
Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

As this garment has a left over right closure, the presumption is that the garment will be for men. However, it is clear based on the cut of the garment that it was designed for women. Therefore, the shorts will be classified as a woman’s garment.

The applicable subheading for the shorts 6204.63.3532, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sshorts: of synthetic fibers. The rate of duty will be 29.3 percent ad valorem.

The shorts fall within textile category designation 648. Based upon international textile trade agreements products of Macau are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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