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HQ 950494

January 28, 1992

CLA-2 CO:R:C:T 950494


TARIFF NO.: 6204

Mr. Johnson Chokkattu, President
FSC (USA), Inc.
651 Observer Highway
Hoboken, New Jersey 07030

RE: Classification of a pair of women's woven textile shorts

Dear Mr. Chokkattu:

In your letter of September 26, 1991, you requested a tariff classification and quota category under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a women's woven textile garment to be made in Bangladesh. You submitted a sample of the merchandise along with your letter.


The sample submitted, Style 402, is a short, bright pink, unlined women's garment made of woven fabric. The garment is separated between the legs and does not reach the knees of the wearer. The fiber content of the merchandise was not stated in your letter, nor was the garment labeled with the fiber content.

The waist of the garment is elasticized with three strips of elastic, measuring approximately 3/8 of an inch, in parallel horizontal rows. The waist is also gathered and fitted with four belt loops, two in the front and two in the back.

There is a three button opening in the front of the garment which does not extend past the waist level. There is a pocket along both the left and the right side seams. The legs of the garment are hemmed with a hem measuring approximately 11/4 inches.


What is the HTSUSA classification of this merchandise?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relative section or chapter notes.

The Explanatory Notes (EN), the official interpretation of the tariff at the international level, to Heading 6104 state that the provisions of EN 61.03 apply, mutatis mutandis, to the articles of Heading 6104, HTSUSA. Heading 6104 covers, inter alia, women's shorts of knitted or crocheted fabric, while Heading 6103 covers men's shorts of such fabric.

EN 62.03 states that for the purposes of this heading, the term "shorts" means "trousers" which do not cover the knee. "Trousers" are defined in EN 62.03 as garments which envelop each led separately, covering the knees and usually reaching down to or below the ankles and usually stopping at the waist.

The EN to Heading 6204, which covers women's shorts which are not of knitted or crocheted fabric, state that the provisions of the EN to Heading 61.04 apply, mutatis mutandis, to the articles of Heading 6204, HTSUSA.

Following these EN, the instant garment is clearly classified as "shorts" for tariff purposes.

Subheadings 6204.61 through 6204.69, HTSUSA, specifically provide for women's shorts which are not of knitted or crocheted fabric, therefore the instant garment is classified in one of these subheadiings by virtue of GRI 1, HTSUSA.


The instant garment is classified as women's shorts, not of knitted or crocheted fabric, in subheadings 6204.61 through 6204.69, HTSUSA, with duty ranging from 3 percent ad valorem to 30.4 percent ad valorem. Inasmuch as the woven fabric in the instant pair of shcrts was not identified we cannot tell you with certainty what the precise subheading will be, nor can we give you any quota information. If you wish more complete information, please provide us with exact fiber content information for these shorts.


John Durant, Director
Commercial Rulings Division

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