CLA-2 CO:R:C:G 086103 CMR
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
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins