The classification of women’s shorts from Hong Kong – correction to ruling G87723.

NY G87723 April 2, 2001 CLA-2-61:RR:NC:WA:361 G87723 CATEGORY: Classification TARIFF NO.: 6204.69.9046 Ms. Lavinia Chan Corporate Customs Specialist J. Crew Group, Inc. 770 Broadway New York, NY 10003 RE: The classification of women’s shorts from Hong Kong – correction to ruling G87723. Dear Ms. Chan: This ruling replaces our original ruling G86976 issued to you on March 2, 2001. There was a clerical error in the classification number provided. In your letter dated December 11, 2000, with supplemental information supplied in your letter of February 1, 2001, you requested a classification ruling for a pair of women’s shorts. The samples were returned at the time of the original ruling, as you requested. Style 47817 is a pair of women’s shorts constructed from 55% linen, 45% cotton woven fabric. The shorts have a three button fly front opening with a left-over-right closure; a hook and bar left over right closure at the top of the waistband; two side seam pocket; two back patch pockets; and hemmed leg openings with a side slit. Chapter 62, note 8 states, in part: Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes. As this garment has a left over right front closure, the presumption is that the garment will be for men. However, it is clear based on the cut of the garment that it was designed for women. Therefore, the shorts will be classified as a woman’s garment. The applicable subheading for the three styles will be 6204.69.9046, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s…shorts: other. The rate of duty will be 2.9 percent ad valorem. The three styles of shorts fall within textile category designation 847. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division