HQ 085897: Classification of unisex shorts

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 085897

                                   January 12, 1990

            CLA-2 CO:R:C:G  085897 DRR

            CATEGORY:  Classification

            TARIFF NO.: 6104.63.2030

            Ms. Christy Miller
            NIKE, Inc.
            9000 S.W. Nimbus Drive
            Beaverton, Oregon 97005

            Re:  Classification of unisex shorts

            Dear Ms. Miller:

                 This is in response to your letter dated October 6, 1989,
            requesting the classification of unisex sports shorts under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue consists of a pair of unisex
            shorts made of 82 percent nylon and 18 percent lycra spandex
            tricot.  The garment is knit, narrow cut, and mid-thigh length.
            It has a contoured waist with adjustable front closure,
            adjustable gripper at the leg cuffs and an embossed logo patch
            on the lower left side panel.  There are irregularly shaped
            pieces of neoprene lamination, assumed to be synthetic rubber,
            at the waist, on the inner legs, the side seams and in strips
            on the bottom cuffs.  You state that the garment is designed
            for water sports such as sailboarding or surfing and will be
            imported from Taiwan.  Your letter indicates that you believe
            that the garment is properly classified under subheading
            6112.31.0010.3, with a duty rate of 27.6 percent and subject to
            textile category 659.

            ISSUE:

                 Whether the garment at issue is classifiable under
            subheading 6112.31.0010, HTSUSA, 6104.63.2030, HTSUSA, or
            6113.00.0080, HTSUSA.


















                                          -2-


            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.  Note 8, Chapter 62, HTSUSA, states that
            unisex garments are classified under the provisions for women's
            garments.  Heading 6112 provides for articles of men's and
            boy's clothing and the shorts in question are therefore not
            classifiable under that heading.  Heading 6104 provides for,
            among other things, women's shorts.  Heading 6113, HTSUSA,
            provides for garments, made up of knitted or crocheted fabrics
            of heading 5903, 5906, or 5907.  Note 7, Chapter 61, states
            that garments which are, prima facie, classifiable both in
            Heading 6113 and in other headings of that chapter, are to be
            classified in Heading 6113.

                 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 neoprene portions of the
            garment form significant and integral parts of the garment's
            structure and are therefore more than accessories or trim.  The
            garment may be considered "made up" of fabrics of Heading 5906
            for the purposes of classification under Heading 6113.  HRL
            081134, dated April 27, 1989;  HRL 080947, dated January 30,
            1989.

            HOLDING:

                 The shorts at issue are classified under subheading
            6113.00.0080, HTSUSA, with a duty rate of 7.6 percent ad
            valorem, and are subject to textile category 359.

                 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.













                                          -3-


                 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.

                 Your sample is being returned to you, as requested.


                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division













































            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            085897