HQ 086103: Modification of HRL 085748 of December 1, 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 086103

                                December 14, 1989


      CLA-2 CO:R:C:G  086103  CMR

      CATEGORY: Classification

      TARIFF NO.: 6104.63.2060

      Steven W. Baker, Esq.
      Bellsey & Baker
      100 California Street
      Suite 670
      San Francisco, California  94111

      RE: Modification of HRL 085748 of December 1, 1989

      Dear Mr. Baker:

           This modification is in response to your telephone call of
      December 11, 1989, regarding the difference in classification of
      styles 19274 and 19974 in HRL 085748.  As you pointed out, the only
      difference in the two styles is the size of the garments.  It does
      appear inconsistent for the garments to be differently classified and
      the different classifications were not intended.

           We have reexamined the two styles in question and concluded they
      are properly classified as shorts.  The leg separation is too
      apparent for the garments to be considered divided skirts.  There-
      fore, style 19974 is more properly classified as shorts in subheading
      6104.63.2060, HTSUSA, textile category 648, dutiable at 30 percent ad
      valorem.  Pursuant to 19 CFR 177.9(d), HRL 085748 is modified to
      reflect the classification of style 19974 as stated above.

                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division

















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