Request for classification of knit nylon shorts
Active· CBP ruling HQ 085675· Issued 1989-11-22
Ruling text
HQ 085675
November 22, 1989
CLA-2 CO:R:C:G 085675 CB
CATEGORY: Classification
TARIFF NO.: 6103.43.1550
Mr. Henry Abadi
Harvic International Ltd.
1947 Third Avenue
New York, NY 10029
RE: Request for classification of knit nylon shorts
Dear Mr. Abadi:
This ruling is being issued in response to your letter of
September 18, 1989, requesting a classification ruling under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), for knit nylon shorts from Taiwan.
FACTS:
The sample submitted, style MBS-1720, is a pair of shorts.
The knitted shell and full support liner are both of 100% nylon
knit. It has a fully elasticized waist and an outer seam length
of approximately 17 inches.
ISSUE:
Whether the subject merchandise is classifiable as shorts in
Heading 6103, or as swimwear in Heading 6112, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that the starting point is the
terms of the headings of the tariff and any relevant section or
chapter notes.
In your letter of September 18, 1989, you state that you
believe the shorts should be classified as swimming trunks. In
HRL 081447 dated March 21, 1988, Customs addressed the issue of
whether to classify garments as shorts or swimwear. The ruling
set out the criteria to be followed in the classification of
swimwear. It was stated that Customs would classify as swimwear
those garments which have an elasticized waistband through which
-2-
a drawstring is threaded, and have a lightweight tricot liner,
and are designed and constructed for swimming.
The subject garment possesses the required lining and could
be used for swimming. However, the design and construction is
more appropriate for use as exercise shorts. This is confirmed
by the absence of a drawstring in the waistband. Therefore,
classification of the subject merchandise is proper under
subheading 6103.43, HTSUSA, which provides for men's shorts.
HOLDING:
The subject nylon shorts are classifiable under subheading
6103.43.1550, HTSUSA, which provides for men's or boys' ...shorts
...knitted or crocheted, of synthetic fibers, other, shorts,
men's. The rate of duty is 30 percent ad valorem and the textile
category is 647.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number) and the
restraint (quota/visa) categories, 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 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 at your local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 085675, retrieved 2026-10-12T05:19:01Z, republished verbatim. This digest is informational; only CBP issues binding rulings.