CLA-2 CO:R:C:G 086143 DRR
Mr. Duncan A. Nixon
Sharretts, Paley, Carter & Blauvelt, P.C.
67 Broad Street
New York, New York 10004
Re: Classification of men's swimwear
Dear Mr. Nixon:
This is in response to your letter dated November 8, 1989,
on behalf of Sutton and Sutton, Ltd., requesting the
classification of men's swim trunks under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).
FACTS:
The merchandise at issue consists of a pair of men's swim
trunks made of 100 percent cotton knit fabric. The garment has
a fully elasticized waist with a drawstring, a full inner pant
made of nylon, two side pockets, and two back pockets with
velcro-like closures and grommet type holes. Your letter
indicates that you believe that the garment is classifiable as
swim trunks under subheading 6112.39.0010, HTSUSA.
ISSUE:
Whether the garment at issue is classifiable under
subheading 6112.39.0010, 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. Subheading 6112.39.0010, HTSUSA, provides
for track suits, ski-suits and swimwear, knitted or crocheted,
men's or boy's swimwear, of other textile materials, of cotton.
-2-
The garment at issue has the appropriate features of swim
wear, i.e., an elasticized waist with a drawstring and a lining
and is therefore classifiable as swimwear.
HOLDING:
The swim trunks at issue are classified under subheading
6112.39.0010, HTSUSA, with a duty rate of 14 percent ad
valorem, and are subject to 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.
Your sample is being returned to you, as requested.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc: Area Dir., N.Y. Seaport
D. Rimmer library/peh
086143