CLA-2 CO:R:C:G 087164 DRR
Mr. Michael Toole
ETA Import & Export Ltd.
248-06 Rockaway Blvd. Suite 286
Jamaica, New York 11422
Re: Classification of men's and boys' swimwear from Taiwan
Dear Mr. Toole:
This is in response to your letter dated April 16, 1990,
requesting, on behalf of M. Hidary & Co., Inc., the
classification of men's and boys' swim trunks under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise at issue is represented by a pair of men's
swim trunks, style Nos. 6001 to 6004, made of 100 percent woven
cotton denim fabric. The garment has a fully elasticized waist
with a drawstring, a full inner liner made of nylon, two
quarter top front pockets and a rear pocket with a partial hook
and loop closure. The garment has a fly front with a hook and
loop closure. The fly does not break the waistband. The legs
of the garment are hemmed at the bottom.
ISSUE:
Whether the garments at issue are classifiable under
subheading 6211.11.2010, HTSUSA and subheading 6211.11.2020,
HTSUSA.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI),
taken in order. GRI 1 provides that classification shall be
according to the terms of the headings and any relative section
or chapter notes. Heading 6211, HTSUSA, provides for track
suits, ski-suits and swimwear.
-2-
The garment at issue has the appropriate features of swim
wear, i.e., it has an elasticized waist with a drawstring, a
full inner lining and is designed and constructed for swimming.
It is therefore classifiable as swimwear.
HOLDING:
The swim trunks in men's sizes are classified under
subheading 6211.11.2010, HTSUSA, as track suits, ski-suits and
swimwear; other garments, swimwear, men's or boy's, other, of
cotton, men's. The swim trunks in boys' sizes are classified
under subheading 6211.11.2020, HTSUSA, as track suits, ski-
suits and swimwear; other garments, swimwear, men's or boy's,
other, of cotton, boys'. Both the men's and boys' swimwear at
issue are subject to a duty rate of 8 percent ad valorem, and
textile category 359.
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
internal issuance of the U.S. Customs Service, which is
available for inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
and the restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
Sincerely,
John Durant,
Director
Commercial Rulings Division
6 cc: Area Dir., N.Y. Seaport
D. Rimmer library/peh
086842