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HQ 950010


November 12, 1991

CLA-2 CO:R:C:T 950010 SK

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6204.43.4040; 6204.63.3540

Mr. Arthur W. Bodek
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, N.Y. 10036

RE: Classification of girls' shorts; 6204, HTSUSA; not panties; bloomers to be worn under outer clothes; DD 862771 affirmed

Dear Mr. Bodek:

This is in response to your request, on behalf of your client, Judy Philippine, Inc., for reconsideration of DD 862771 dated May 15, 1991, with respect to the classification of the shorts portion of the article at issue. A sample has been submitted for Customs' examination and will be returned to you under separate cover.

FACTS:

The submitted sample, style 918R, consists of a girl's dress and pair of shorts. Both garments are made of identical 65% polyester/35% cotton printed woven fabric. The pull on shorts feature an elasticized waistband and elasticized ruffled leg openings. The shorts have leg extensions from the crotch of approximately 2.75 inches and approximately 4 inches of the shorts fall beneath the dress' hem and are exposed when worn. Style 918R will be imported from the Philippines in girls' sizes 2 to 4.

ISSUE:

Whether the article to be worn on the lower torso is properly classifiable as girls' shorts under heading 6204, HTSUSA, or as girls' other woven garments under heading 6211, HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relevant section or chapter notes.

Heading 6204, HTSUSA, provides for women's or girls' dresses. The submitted article is comprised of a two piece set of girls' clothing, one item of which is a dress and therefore falls within this provision of the Nomenclature.

The component of Style 918R at issue is a pair of girl's pull-on elasticized shorts. In Essential Terms of Fashion: A Collection of Definitions, shorts are defined as pants shorter than knee-length worn mainly by adults and children for sportswear. Customs' Textile Category Guidelines, CIE 13/88, dated November 23, 1988, provide that the pants category includes outerwear garments with leg separations extending to the vicinity of the upper thigh or below. This garment meets the requirements of Customs' Guidelines inasmuch as it is a garment with leg separations and such leg extensions are 2.75 inches in length; clearly enough to reach a toddler's upper thigh. The garment is properly defined as a pair of shorts because it is a pair of pants, shorter than knee-length and intended for a child to be worn during play.

You have asserted that the above-mentioned garment is a pair of bloomers, rather than shorts, and classifiable as girls' other woven garments under heading 6211, HTSUSA. In Essential Terms of Fashion, bloomers are defined as a full panty with thigh-length legs gathered into elastic. The same source defines panties as an abbreviated term for women's and children's underpants and garments worn under outer clothing covering the lower torso. The garment at issue can not be classified as bloomers because it is not a pair of panties. This article is not underwear nor is it intended to be worn under outer clothing in the sense that underwear is. This is supported by the fact that the shorts match the dress portion of the set exactly and extend a good 4 inches below the dress' bottom hem. The article is a pair of shorts and, as such, is properly classified under heading 6204, HTSUSA, which provides for, inter alia, girls' shorts.

HOLDING:

The shorts are properly classifiable under subheading 6204.63.3540, HTSUSA, which provides for, inter alia, girls' shorts: of synthetic fibers: other ... girls': other. The rate of duty is 30.4 percent ad valorem, and the textile category is 648. Accordingly, DD 862771 is affirmed.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) 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.

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 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

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