Men's woven nylon shorts; not sleep wear; classifiable heading 6203 HTUSA.
Active· CBP ruling HQ 951022· Issued 1992-03-05
Ruling text
HQ 951022
March 5, 1992
CLA-2 CO:R:C:T 951022 jb
CATEGORY: Classification
TARIFF NO.: 6203.43.4030
Mr. Mitchel R. Scher
Vandegrift Forwarding Company, Inc.
One Evertrust Plaza
Jersey City, NJ 07302
RE: Men's woven nylon shorts; not sleep wear; classifiable
heading 6203 HTUSA.
Dear Mr. Scher:
This ruling is in reply to your letter dated December 30,
1991, regarding the classification under the Harmonized Tariff
Schedule of the United States Annotated (HTUSA) of a sample pair
of men's woven nylon shorts.
FACTS:
The merchandise at issue (Style No. 2998/589) is a pair of
men's woven nylon shorts. It has a fully elasticized waistband
with a drawstring, two side seam pockets and a rear pocket. The
word "Nautica", a tropical bird perched on a limb and the words
"RAIN FOREST" are embroidered on the lower left leg. The sample
submitted is claimed to be a sleep short which coordinates with a
man's robe, the subject of New York Ruling 868394.
ISSUE:
Whether the submitted merchandise is classifiable as
underpants, briefs and similar articles, under heading 6207 or
under heading 6203, HTUSA, which provides for men's woven shorts?
LAW AND ANALYSIS:
Classification of merchandise under the HTUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. The GRI's require that classification be
determined according to the terms of the headings and any
relative section or chapter notes, taken in order. Virtually all
goods are classified by application of GRI 1. In the event that
the goods cannot be classified solely on the basis of GRI 1 and
if the headings and legal notes do not otherwise require, the
remaining GRI's may be applied, taken in order.
The tariff heading you proposed for the shorts in your
submission of December 30, 1991, provides for the following:
6207 Men's or boys' singlets and other undershirts,
underpants, briefs, nightshirts, pajamas,
bathrobes,dressing gowns and similar articles.
In support of that claim you refer to New York Ruling 868394
dated November 21, 1991, designating a man's robe (which
coordinates with the submitted sample) as the basis for
classifying the shorts under heading 6207 HTUSA.
It should be noted however that the robe was classified
under heading 6207 as an article similar to bathrobes and
dressing gowns, that is, a beachrobe, as provided for in C.I.E.
Textile and Apparel Category Guidelines 13/88 and the Explanatory
Notes to heading 6207 HTUSA.
The Explanatory Notes (EN) to the HTUSA, while not legally
binding, constitute the official interpretation of the Harmonized
System at the international level. It has been the practice of
the Customs Service to follow, whenever possible, those terms
when interpreting the HTUSA. Explanatory Note 62.07 states:
The heading also includes nightshirts, pajamas, bathrobes
(including beachrobes), dressing gowns and similar articles
for men or boys (garments usually worn indoors).
In determining whether an article of clothing is sleepwear
it is important to look at the construction of the item. In this
case the assorted properties of the shorts - three pockets, the
lack of a fly front opening and its rather coarse construction,
in conjunction with the fact that it coordinates with the robe,
indicate that the sample shorts are not sleepwear and are
properly classified under heading 6203. Heading 6203 provides
for:
Men's or boys' suits, ensembles, suit-type jackets, blazers,
trousers, bib and brace overalls, breeches and shorts (other
than sleepwear).
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 6203.43.4030 HTUSA which provides for
men's woven shorts of synthetic fibers. The rate of duty is 29.7
percent ad valorem. The textile 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 the international bilateral
agreements which are subject to frequent negotiations 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 and is available 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), you should contact your local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 951022, retrieved 2026-10-12T05:26:12Z, republished verbatim. This digest is informational; only CBP issues binding rulings.