HQ 087618: Classification of women's rayon 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 087618

                                   November 21, 1990





            CLA-2: CO:R:C:G  087618 DRR

            CATEGORY:  Classification

            TARIFF NO.: 6204.69.2540

            Mr. R. L. Sunil
            Indian Touch Ltd.
            28 West 32nd Street
            New York, New York 10001

            Re:  Classification of women's rayon shorts

            Dear Mr. Sunil:

                 This is in response to your letter of July 26, 1990, in
            which you requested a tariff classification ruling, under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA), for two pair of women's shorts.

            FACTS:

                 The merchandise at issue is represented by two pair of
            women's shorts made of 100 percent woven rayon fabric.  The
            shorts have partially elasticized waistbands and very wide leg
            openings.  According to your correspondence, the garments will
            be manufactured in and imported from the United Arab Emirates.

            ISSUE:

                 What is the classification of the garment in question?

            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
            determined according to the terms of the headings and any
            relative section or chapter notes.  Heading 6204, HTSUSA,
            provides for, among other things, women's or girls' shorts and
















                                          -2-


            divided skirts.  Subheading 6204.69.2540, HTSUSA, provides for
            other, shorts, women's.  The garments in question, when tried
            on a mannequin, showed an obvious leg separation and are
            therefore classifiable as shorts and not a divided skirt.

            HOLDING:

                 The shorts in question are classified under subheading
            6204.69.2540, HTSUSA, with a duty rate of 30.4 percent ad
            valorem, and subject to textile visa category 648.

                 Due to the changeable nature of the statistical
            annotation and the restraint (quota/visa) categories
            applicable to textile merchandise, the importer should contact
            the local Customs office prior to importation of this
            merchandise to determine the current status of any import
            restraints or requirements.

                 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, 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.

                                       Sincerely,




                                       John Durant, Director
                                       Commercial Rulings Division

























            6 cc: A.D.  N.Y. Seaport
            D. Rimmer library/za
            087484 DRR