CLA-2 CO:R:C:G 086439 jlj
Mr. Hal G. Limebeer
Examer Customs Broker
Peace Bridge Plaza
Suite 311
Buffalo, New York 14213
RE: Tariff classification of woven cotton swimwear
Dear Mr. Limebeer:
In your letter of January 22, 1990, you asked for a
classification ruling under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), for men's woven cotton shorts
on behalf of your client, Marshall Gobuty International Inc.
You submitted a sample of the swimwear along with your letter.
The swimwear is made in Canada.
FACTS:
The sample submitted, style #RMM 9083, is a pair of baggy
men's woven cotton shorts measuring 23 inches in length. The
hemmed shorts, the outer surface of which is chambray, have a
fully elasticized waist, a functional drawstring, a knit nylon
full support liner and two diagonal side pockets. No
information was submitted concerning the advertising and
marketing of this garment.
ISSUE:
Is the instant garment classified as swimwear or as shorts
for tariff purposes?
LAW AND ANALYSIS:
In Hampco Apparel, Inc. v. United States, Slip Op. 88-12
(decided January 28, 1988), the Court of International Trade
defined the swimwear before it as "a garment which has an
elasticized waistband with a drawstring, and a liner of nylon
tricot, designed and used for swimming." In Customs
Headquarters Ruling Letter (HRL) 081447 of March 21, 1988, we
stated that Customs will treat as swimwear all garments
possessing these criteria, although the liner need only be a
- 2 -
lightweight one. HRL 081447 also said that Customs would no
longer assign any particular relevance to the length of the
garment's inseam in drawing inferences about the primary function
of the garment. In HRL 081228 of March 2, 1988, we held that
a garment which was approximately 23 inches in length was
classified as swimwear.
In view of the fact that the garment in question has a fully
elasticized waistband with a drawstring and lightweight liner it
meets the general criteria for use as swimwear.
HOLDING:
The instant woven cotton men's swimwear is classified under
the provision for track suits, ski-suits and swimwear: swimwear:
men's or boys': other: of cotton: men's, in subheading
6211.11.2010, HTSUSA. Articles imported from Canada under this
provision are eligible for a duty rate of 6.4 percent ad valorem
under the United States-Canada Free Trade Agreement if all
applicable regulations are met. Swimwear classified in this
tariff provision is 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.
Sincerely,
Harvey B. Fox
Director, Office of