CLA-2 CO:R:C:T 950207 SK
TARIFF NOS.: 6203; 6112
Mr. Jack Dweck
Chase International Corp.
350 Fifth Avenue, ste. 1012
New York, N.Y. 10118
RE: Classification of men's garments; woven cotton denim shorts;
knit cotton swimwear; Hampco Apparel, Inc. v. United States,
12 C.I.T. 92 (1988); Textile Category Guidelines , C.I.E.
June, 1987; 6203 and 6112, HTSUSA
Dear Mr. Dweck:
This is in response to your letter of July 20, 1991,
requesting classification of three articles of men's apparel. A
sample of each article was submitted to Customs for examination.
FACTS:
Three articles were submitted for classification.
Style No. 92-2905KN18 has a jersey knit shell of 100% cotton
and a knit cotton liner. It has an elasticized waist, a
drawstring, inserted side seam pockets and a rear patch pocket.
It has a vertical overlay on the left leg and a horizontal
overlay on the right leg. The outseam measures 17 inches from
the top of the waistband to the bottom of the leg.
Style Nos. 92-4830 and 92-4845 have woven shells of 100%
cotton denim and knit nylon partial liners. Style 92-4830 is
made of 8 ounce denim and style 92-4845 is made of 10 ounce
denim. Both samples have elasticized waistbands, drawstrings and
fly front openings with velcro-like closures. The fly front
openings do not break the waistbands. Style 92-4845 has inserted
side pockets and a rear inserted pocket. It has an outseam
length of 23 inches measured from the top of the waistband to the
leg bottom. Style 92-4830 has inserted side seam pockets and a
rear patch pocket with a velcro-like closure. It has an outseam
length of 24 inches measured from the top of the waistband to the
leg bottom.
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ISSUE:
What is the proper classification of the submitted articles
under the HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is in accordance
with the General Rules of Interpretation (GRI's) taken in order.
GRI 1 provides that classification shall be determined according
to the terms of the headings and any relative section or chapter
notes.
The issue in the instant case is whether the three submitted
samples are classifiable under heading 6203, HTSUSA, which
provides for, inter alia, men's shorts or under heading 6112,
HTSUSA, which provides for men's swimwear.
In Hampco Apparel, Inc. v. United States, 12 C.I.T. 92
(1988), the Court set forth guidelines with regard to the
classification of men's swimwear. The following criteria were
deemed indicative of men's swimwear:
1) the garment has an elasticized waistband through which a
drawstring is threaded;
2) there is an inner lining of lightweight material, namely
nylon tricot; and
3) the garment must be designed and constructed for
swimming [emphasis added].
The Court also noted in its decision that if the garment does not
have an inner lining and has a fly front, it would be considered
shorts.
In the instant case it is apparent that all three submitted
samples meet the first two criteria: all three styles have
elasticized waistbands, drawstrings and inner linings. Style 92-
2905KN18 also meets the third requirement inasmuch as the fabric
used in this garment's construction, and its styling, are
consistent with a design and construction for use as swimwear.
Accordingly, style 92-2905KN18 is classifiable as men's swimwear
under heading 6112, HTSUSA.
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It is Customs opinion, however, that styles 92-4830 and 92-
4845 do not meet the third criterion and that these garments are
not designed and constructed for swimming, notwithstanding the
presence of elasticized waists, drawstrings and linings. The
fabric used in the construction of these garments is 8 and 10
ounce denim respectively. This is a considerable weight for
swimwear -- especially when wet. The use of denim will not by
itself preclude classification of garments as swimwear; however,
coupled with the styling of these garments, it is apparent that
the design and construction of these articles are not suitable
for use as swimwear. The outseam lengths of the two garments are
23 and 24 inches. Again, this in itself will not preclude
classification as swimwear. However, constructing knee-length
shorts from 8 or 10 ounce denim fabric would clearly make
swimming difficult and cumbersome.
Styles 92-4830 and 92-4845 have linings, but they are only
partial linings and do not cover the area in front of the fly.
The presence of a fly in itself is indicative of these garments'
status as shorts. In The Textile Category Guidelines, C.I.E.
June, 1987, it was recognized that men's swimwear usually have
full lightweight support liners and "while a fly front will not
preclude a garment from being swimwear, normally a garment with a
fly front and two or more pockets is shorts and not swimwear".
Styles 92-4830 and 92-4845 both have flys, three pockets, and
partial linings which split in front of the fly and would require
the wearing of underwear (obviously not a practice associated
with swimwear). These factors indicate that these articles were
designed and constructed as shorts and not swimwear.
The weight of the fabric chosen for use in style 92-4830 and
92-4845, combined with the length of the outseam, the presence of
a fly, the use of only a partial lining and the presence of three
pockets on each style, indicate that these two styles are shorts
and not swimwear.
HOLDING:
The submitted samples are classifiable as follows:
Style 92-2905KN18 is classifiable under subheading
6112.39.0010, HTSUSA, which provides for track suits, ski-suits
and swimwear; other garments: swimwear: other ... of cotton:
men's. The rate of duty is 14% ad valorem and the textile
category is 359.
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Styles 92-4830 and 92-4845 are classifiable under subheading
6203.42.4050, HTSUSA, which provides for men's or boys' suits,
ensembles, suit-type jackets, blazers, trousers, bib and brace
overalls, breeches and shorts (other than swimwear): of cotton:
other: shorts: men's. The applicable rate of duty is 17.7% ad
valorem and the textile category is 347.
The designated textile and apparel categories may be
subdivided into parts. If so, the 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 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 updated weekly and
is available for inspection at your local Customs office.
Due to the 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 importation of this merchandise to determine the
current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division