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HQ 959372

December 24 1996

CLA-2 RR:TC:TE 959372 DHS


TARIFF NO.: 6203.43.4010

Renee L. Hoem
Columbia Sportswear Company
P.O. Box 83239
Portland, Oregon 97283-0239

RE: Classification of a man's woven nylon convertible fishing pant; man's nylon short with detachable legs, GRI 1

Dear Ms. Hoem:

This is in reply to your letter dated May 15, 1996, requesting a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), concerning a man's convertible fishing pant (style number FM8060) to be imported from Sri Lanka or China. A sample was provided. Our response follows.


Style number FM8060, is a pair of woven nylon shorts with detachable legs which are fastened to the shorts by a zipper. The rear waistband section of the shorts is elasticized; the waistband has a one button closure and five belt loops. The left front belt loop is equipped with a D-ring and two of the rear loops double over on themselves and are secured by a snap closure; thereby, forming a double belt loop. The shorts have a fly with a zipper closure, diagonal front pockets with mesh liner, two front patch pockets with flaps secured by VELCRO type hook and loop fasteners on the lower leg and a rear pocket with a mesh liner and a flap secured by a VELCRO type hook and loop fastener. The rear flap has a triangular PFG label sewn on it. The left diagonal front pocket has a small coin pocket with a VELCRO hook and loop fastener closure. The shorts have a polyester liner.


What is the proper classification for the submitted merchandise?


Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance.

Heading 6203, HTSUS, provides for "Men's or boys' suits, ..., trousers, ..., breeches and shorts (other than swimwear): ...."

It is our opinion that the shorts and the detachable legs are both an integral part of the garment itself in that they both contribute materially to the garment's usefulness. While there has not been any information presented regarding the promotion or marketing of this garment, it appears that it will be used in a dual capacity as a short and a trouser. A consumer would likely purchase this garment because of its dual functions. Similarly, it is unlikely that a consumer would purchase this garment solely as a pair of shorts because of the presence of the zippers. Finally, without further information, we assume that the shorts and the legs will be imported either attached or together. Style number FM8060 is therefore, properly classifiable as men's woven trousers of synthetic fiber under subheading 6203.43.4010, HTSUSA.


The submitted men's woven pants, referenced style number FM8060, is classified in subheading 6203.43.4010, HTSUSA, which provides for, men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overall, breeches and shorts (other than swimwear): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: other; trousers and breeches: men's. The applicable rate of duty is 29.5 percent ad valorem and the quota category is 647.

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 the subject of 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 issuance of the U.S. Customs Service, which is updated weekly and is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client should contact the local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.


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