HQ 086102: Classification of women's shorts from Hong Kong and the People's Republic of China--Reconsideration of NYRL 846428 of November 16, 1989

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 086102

                                January 23, 1990


      CLA-2 CO:R:C:G  086102  CMR

      CATEGORY: Classification

      TARIFF NO.: 6204.62.4055, 6204.69.9040

      Patrick Gill, Esq.
      Rode & Qualey
      295 Madison Avenue
      New York, New York  10017

      RE: Classification of women's shorts from Hong Kong and the People's
          Republic of China--Reconsideration of NYRL 846428 of
          November 16, 1989

      Dear Mr. Gill:

           This ruling is in response to your submission of November 28,
      1989, on behalf of Rafaella Sportswear, Inc., requesting
      reconsideration of NYRL 846428 which classified four women's lower
      body garments as divided skirts under heading 6204, HTSUSA.

      FACTS:

           Samples of the garments at issue have been submitted for our
      review.  All of the garments extend from the waist to just above the
      knee and include a coordinated textile belt.  Styles RT257 and RT258
      are manufactured from 100 percent cotton woven fabrics.  Style RE265
      is manufactured from 100 percent cotton denim fabric.  Style RR255 is
      manufactured from a 55 percent ramie/45 percent cotton woven fabric.

           Styles RR255 and RE265 each feature a fully elasticized waist
      except for a three inch portion at the center front, five belt loops,
      two front pockets with vertical openings, a rear patch pocket (style
      RE265's is secured by a button) and two inverted pleats extending
      downward from the waistband on each front panel.

           Style RT 257 features a zippered fly front opening secured by
      two buttons, four belt loops, two front pockets with vertical
      openings, a button secured inset pocket on the rear and an inverted
      pleat on each front panel extending downward from the top edge.













                                       -2-


           Style RT258 features a fully elasticized waist, zippered fly
      front opening secured by a single button, three belt loops and two
      front pockets with vertical openings.

      ISSUE:

           Were the garments at issue correctly classified as divided
      skirts in NYRL 846428, or are they more properly classified as
      shorts?

      LAW AND ANALYSIS:

           The classification of the garments at issue is dependent upon
      the impression created by the garments when viewed from the front.
      In distinguishing between shorts and divided skirts, the determining
      official must make a subjective decision as to the frontal appearance
      of the garment; whether it has the appearance of a skirt with regard
      to silhouette and fullness and whether the leg separation is apparent
      when the garment is viewed from the front.  While an objective test
      would be preferable, one has not been developed as of yet, nor do we
      think it is likely one could be developed and applied.  The appear-
      ance of the garments from the front is the key to their classifica-
      tion and that appearance may be affected by differences in the fabric
      used to make the garment and by the placement of gathers or pleats on
      the front of the garment.  See, HRL 085748 of December 1, 1989

           Having examined the garments at issue, we must disagree with
      their original classification as divided skirts.  Although the
      garments have rather full leg openings similar to gaucho pants, like
      gaucho pants, they lack the fullness or frontal appearance of a
      skirt.  The garments at issue are more properly classified as women's
      shorts.

      HOLDING:

           Styles RT257, RT258 and RE265 are classified in subheading
      6204.62.4055, HTSUSA, which provides for women's cotton shorts.  The
      garments fall within textile category 348 and are dutiable at 17.7
      percent ad valorem.  Style RR255 is classified in subheading
      6204.69.9040, HTSUSA, which provides for women's shorts of other
      textile materials, other, other.  The garment falls within textile
      category 847 and is dutiable at 3 percent ad valorem.

           Pursuant to 19 CFR 177.9(d) (1989), NYRL 846428 of November 16,
      1989, is hereby revoked.  If pending transactions are adversely
      affected by this revocation, you may, at your discretion, notify this
      office and apply for temporary relief from the binding effects of
      this new ruling as may be dictated by the circumstances.













                                       -3-


           The designated textile and apparel category may be subdivided
      into parts.  If so, the 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 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
      updated weekly and is available for inspection 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 importation of this merchandise to determine the current
      status of any import restraints or requirements.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division





































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins