CLA-2 CO:R:C:T 952751 jb
Ms. Linda Yamashita
NIKE, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453
RE: Men's and boys' woven nylon shorts; subheadings 6203.43.4030
and 6211.11.1020, HTSUSA
Dear Ms. Yamashita:
This is in response to your letter dated September 10, 1992,
requesting classification under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA), of two pairs of men's and
one pair of boys' woven boxer style shorts. Samples were
provided to this office for examination and will be returned
under separate cover.
FACTS:
The samples consist of the following:
A. Two pairs of men's woven boxer style shorts:
1. Style number 350107 has a liner composed of 65
percent polyester and 35 percent cotton and side
seam pockets
2. Style number 350116 has a liner composed of 100
percent polyester, diagonal front pockets and a
horizontal rear pocket. All pockets feature snap
closures and twill tape reinforcements
Both styles have an All Conditions Gear (ACG) logo on a
waistband label and hangtags indicating the ACG collection
is for outdoor cross-training in all sorts of weather.
B. A pair of boys' woven boxer style shorts:
Style number 455005 has a liner composed of 100 percent
nylon and side seam pockets
All of the samples have a woven shell of 100 percent nylon
taffeta, a fully elasticized waistband, a functional drawstring
and a knit full support liner.
ISSUE:
Whether the submitted samples are classifiable as shorts in
heading 6203, HTSUSA, or as swimwear in heading 6211, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI). GRI 1 requires
that classification be determined according to the terms of the
headings and any relative section or chapter notes, taken in
order. Where goods cannot be classified solely on the basis of
GRI 1, the remaining GRI will be applied, in the order of their
appearance.
In Hampco Apparel, Inc. v. United States, Slip Op. 88-12
(January 28, 1988), the Court of International Trade stated that
three factors must be present if a garment is to be considered
swimwear for tariff purposes:
1. the garment has an elasticized waistband through which a
drawstring is threaded
2. the garment has an inner lining of lightweight material,
and
3. the garment is designed and constructed for swimming
The Guidelines for the Reporting of Imported Products in
Various Textile and Apparel Categories, CIE 13/88, November 23,
1988, also provide guidelines in classifying garments as either
men's shorts or swimwear. The guidelines state:
Garments commercially known as jogging or athletic shorts
are normally loose-fitting short pants usually extending
from the waist to the upper thigh and usually have an
elastic waistband. They may resemble swim trunks for men,
boys, or male infants, which are not included in this
category. Swim trunks will usually have an elasticized
waist with a drawstring and a full lightweight support
liner. Garments which cannot be recognized as swim trunks
will be considered shorts. (Emphasis added).
In Headquarters Ruling Letter (HRL) 081477, dated March 21,
1988, we stated that to determine whether a garment is designed
and constructed for swimming, the appearance of the garment will
be examined. If the appearance is not conclusive, the following
evidence will be considered: the way in which the garment has
been designed, manufactured, marketed or advertised, the way in
which the manufacturer or importer intends the garment to be
used, and the way in which a garment is chiefly used.
Customs has classified similar merchandise in the past.
Customs has been consistent in ruling that even in those
instances where the first two factors enumerated by the court in
Hampco are present, but the third factor is lacking, the article
will be considered shorts (See also, HQ 086436, dated May 3,
1990; HQ 086979, dated May 15, 1990; HQ 087476, dated September
7, 1990; HQ 950207, dated December 3, 1991; HQ 950652, dated
February 12, 1992, and HQ 951841, dated August 11, 1992).
Several factors lead us to believe that the men's shorts are
not designed and constructed as swimwear. The hangtags placed on
the shorts indicate that the ACG collection is for outdoor cross-
training, in all sorts of weather. Furthermore, the ACG section
of Nike's 1992 Spring Men's Apparel Catalogue features models
biking, running and roller-blading. There are no illustrations
of men swimming. This substantiates the finding that the
garments are clearly multi-purpose shorts and not designed and
constructed specifically for swimming. As such, the garments are
classified as shorts in heading 6211, HTSUSA.
The boys shorts on the other hand, do not have the ACG logo,
nor the hangtag indicating use as a cross-training garment. In
addition, they have an inner lining of lightweight material,
usually found in swimwear. This particular garment is thus
accorded a swimwear classification in heading 6211, HTSUSA.
HOLDING:
The men's woven boxer style shorts, Style numbers 350107 and
350116, are classified in subheading 6203.43.4030, HTSUSA, which
provides for men's woven shorts of synthetic fibers. The
applicable rate of duty is 29.7 ad valorem and the textile
category is 647.
The boys' woven boxer shorts, Style number 455055, is
classified in subheading 6211.11.1020, HTSUSA, which provides for
boys' woven cotton swimwear of man-made fibers. The applicable
rate of duty is 29.6 percent ad valorem and the textile category
is 659.
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 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 weekly and is
available at the 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 the 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