CLA-2 CO:R:C:G 083637 CMR 836147
Mr. Alan Rosenwasser
Director of Manufacturing
World Island
358 Fifth Avenue
New York, New York 10001
RE: Classification of men's shorts
Dear Mr. Rosenwasser:
This ruling is in response to your letter of January 24, 1989,
requesting the classification of men's shorts made in Hong Kong.
FACTS:
The submitted sample of men's shorts, style WIB-35 (styles 1705-
1708D), consists of a woven cotton shell with a knit tricot full
support liner. The sample has a fully elasticized waist, a
functional drawstring, a fly front with a zipper closure and a button
closure on the waistband. It has two quarter top side pockets and a
rear patch pocket. The garment has an outer seam of 19 1/2 inches
and rolled up cuffs of approximately 1 1/4 inches.
ISSUE:
Is the submitted sample classifiable as men's shorts or as men's
swimwear?
LAW AND ANALYSIS:
The Court of International Trade in Hampco Apparel, Inc. v.
United States, Slip Op. 88-12 (decided January 28, 1988) set forth
the criteria for determining whether a garment is within the purview
of swimwear. The Court directed that we look to the following
criteria:
(1) whether the garment has a (sic) elasticized waistband
through which a drawstring is threaded;
-2-
(2) whether the garment has an inner lining of lightweight
material, namely, nylon tricot; and
(3) whether the garment was designed and constructed for
swimming.
In concluding that the garment should be classified as swimwear, the
court stated: "If all of the above are present, the garment is
swimwear." Id.
In HRL 081447 of March 21, 1988, issued subsequent to Hampco,
it was stated that, in the future, when classifying garments of
boxer-style with outer shells of woven construction,
Customs will treat as swimwear all garments that are designed
and constructed for swimming and possess both an elasticized
waistband through which a drawstring is threaded and a
lightweight nylon tricot liner. We will determine whether a
garment is designed and constructed for swimming from the
appearance of that garment. [Citation to Hampco].
The design and construction of the garment at issue meet the
criteria set forth by the court in Hampco. The garment is a boxer-
style with an outer shell of woven cotton. It possesses both an
elasticized waistband through which a drawstring is threaded and an
inner lining of lightweight material. From the appearance of the
garment we conclude that it is indeed designed and constructed for
swimming. Classification of this garment as swimwear is in accord
with Hampco and the position we adopted in HRL 081447.
HOLDING:
The submitted sample is classifiable under subheading
6211.11.2010, HTSUSA, which provides for men's swimwear, of cotton,
dutiable at the rate of 8 percent ad valorem. The applicable textile
category is 359.
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 importation of this merchandise to determine the current
status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins