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