The tariff classification of men’s woven shorts from China.

N200557 February 14, 2012 CLA-2-62:OT:RR:NC:N3:356 CATEGORY: Classification TARIFF NO.: 6203.43.4030 Mr. Michael S. Cooke, CHB 1900 East Ocean Blvd. Suite 1510 Long Beach, CA 90802 RE: The tariff classification of men’s woven shorts from China. Dear Mr. Cooke: In your letter, which was received by this office on January 19, 2012, you requested a tariff classification ruling on behalf of your client, China Manufacturing Direct. As requested, your sample will be returned. Style RV2012 is a pair of men’s shorts constructed from 100% polyester woven fabric. The garment features a flat waistband, a tab at the center front waistband with four grommets and a laced closure, a fly front opening with a zipper closure, a patch pocket on the right hip with a hook and loop closure and a grommet for drainage, and hemmed leg openings. The garment also features a large embroidered design on the center rear waistband and a large embroidered label on the lower left leg. Although you state that the garments are marketed as “board wear” and intended to be used as swimwear, Style RV2012 does not have the features required of swimwear. See Hampco Apparel, Inc. v. United States, Slip. Op 88-12. The use of a non-elasticized waistband, the lack of a functioning drawstring at the waist, and the lack of an acceptable support liner preclude classification as swimwear. Consequently, Style RV2012 is considered a multi-purpose short classifiable in heading 6203. The applicable subheading for Style RV2012 will be 6203.43.4030, HTSUS, which provides for Men’s or boys’… Trousers, bib and brace overalls, breeches and shorts (other than swimwear): Of synthetic fibers: Other: Other: Other: Other: Shorts: Men’s. The rate of duty is 27.9% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/. We note that the shorts are marked with the garment size on a sewn-in fabric label in the center rear waistband but are not marked with the country of origin. The shorts also have a large embroidered label on the lower left leg which states “NO BLACKBALL” and “USA BOARDWEAR.” The words are in large contrasting color black lettering on a yellow background. The letters “USA” measure approximately ¼ inch high by ¾ inch long. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. Section 134.46, Customs Regulations (19 CFR 134.46), provides that: In any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name, the name of the actual country of origin must appear in close proximity to the place name “or in some other conspicuous location”. Whether the country of origin appears “in close proximity” or in some other conspicuous place, the name of the country or origin must be preceded by “Made in,” “Product of,” or words of similar meaning. The submitted shorts do not satisfy the requirements of Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), and 19 CFR Part 134 since they contain no information as to the actual country of origin of the goods and may mislead the ultimate purchaser because of the use of the letters “USA” on the embroidered label. The garment is also subject to separate marking requirements regarding country of origin, fiber content, and other information under the Textile Fiber Products Identification Act (15 USC 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on these requirements. Information can also be found at the FTC website www.ftc.gov. 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 Mary Ryan at (646) 733-3271. Sincerely, Thomas J. Russo Director National Commodity Specialist Division