CLA-2 CO:R:C:G  087531 DRR
Ms. Sandra Manseta
            Dev Imports Ltd.
            P.O. Box 1200
            Pearl River, New York 10965
            Re:  Classification of unconstructed pants
            Dear Ms. Manseta:
                 This is in response to your letter dated June 6, 1990,
            requesting the classification of unconstructed pants under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).
            FACTS:
                 The merchandise at issue consists of a pair of
            unconstructed pants, style 75430, made of 100 percent woven
            cotton.  The garment is 43.5 inches long with a drawstring
            waist and one patch pocket on the back.  Although the garments
            are all the same size, except for the XL which is slightly
            larger, they will be sized S, M, L, and XL for some markets,
            and "one size fits all" for other markets, depending on the
            wishes of your customers.  You state that the garment is
            intended to be men's wear, even though it has no fly opening.
            The garment will be imported from Bangladesh or India.
            ISSUE:
                 What is the proper classification of the garment at issue?
            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
-2-
            unisex garments are classified under the provisions for women's
            garments.  Although you state that the garment in question is a
            men's garment, it does not have any particular features of a
            man's garment.  The unconstructed styling and absence of a fly
            are more indicative of unisex garments.  It is also Customs
            position that garments labeled "one size fits all" are not
            sized to a specific customer and are considered unisex
            garments.  (See HRL 085848, dated December 14, 1989.)
            HOLDING:
                 The shorts at issue are classified under subheading
            6204.62.4020, HTSUSA, with a duty rate of 17.7 percent ad
            valorem, and are subject to textile category 348.
                 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.
                 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.
                                        Sincerely,
John Durant, Director
                                        Commercial Rulings Division
6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            085897