HQ 085618: Classification of men's garments

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 085618

                                   December 11, 1989

            CLA-2 CO:R:C:G  085618 DRR

            CATEGORY: Classification

            TARIFF NO.: 6203.49.3045; 6203.49.3060

            M. Tracy Spencer
            Expeditors International
            P.O. Box 45257
            Atlanta, Georgia 30320

            Re: Classification of men's garments

            Dear Mr. or Ms. Spencer:

                 This is in response to your letter dated September 21,
            1989, requesting the classification of men's pants and shorts
            under the Harmonized Tariff Schedule of the United States
            Annotated (HTSUSA).

            FACTS:

                 The merchandise at issue consists of two samples.  Style
            9L447, is a pair of men's shorts made of 55 percent ramie and
            45 percent cotton woven fabric.  Style 9L160 is a pair of men's
            pants also made of 55 percent ramie and 45 percent cotton woven
            fabric.  Both styles have three inset pockets of 100 percent
            cotton.

            ISSUE:

                 Whether the garments at issue are classifiable under
            subheading 6203.49.3045, HTSUSA and 6203.49.3060, HTSUSA, and
            whether the pockets should be considered in determining the
            fiber content of the merchandise.

            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.  Heading 6203 provides for, among other  

















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            things, men's trousers and shorts.  Subheading 6203.49.3045,
            HTSUSA, provides for trousers and breeches, other, other.
            Subheading 6203.49.3060, HTSUSA, provides for shorts, other.

                 The Explanatory Notes to the HTSUSA may be consulted for
            guidance as to the correct international interpretation of the
            various HTSUSA provisions.  The Explanatory Notes for Chapter
            61 state that the classification of goods in that chapter is
            not affected by the presence of parts or accessories of, for
            example, knitted or crocheted fabrics, furskin, feather,
            leather, plastics or metal.  The Explanatory Notes for Headings
            6117 and 6217 contain a partial listing of articles considered
            to be "parts" and "accessories."  The listing includes linings,
            pockets, collars, and cuffs.

            HOLDING:

                 The trousers at issue are classified under subheading
            6203.49.3045, HTSUSA, as trousers and breeches, other.  The
            shorts at issue are classified under subheading 6203.49.3060,
            HTSUSA, as shorts, other.  Both items have a duty rate of 3
            percent ad valorem, and are subject to textile category 847.
            The pocket lining material is not included when determining the
            tariff classification.

                 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.


























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                 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
                                        Commercial Rulings Division
















































            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            085618