CLA-2 CO:R:C:G 087264 CB
Mr. Luigi Galella
Lucano Trading, Inc.
350 Fifth Avenue
Suite 724
New York, New York 10118
RE: Classification of men's woven swim shorts
Dear Mr. Galella:
This is in reply to your letter of May 10, 1990, in which
you requested a classification ruling under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), for certain
men's swim shorts.
FACTS:
A sample was submitted with your request. The merchandise
at issue is a pair of woven swimtrunks for men with a shell of
medium weight cotton fabric and a knit nylon tricot liner. The
rear portion of the waistband is elasticized; the front portion
is non-elasticized. The waistband is encircled by belt loops and
has a functional drawstring. It has a fly front with a zipper
closure and a button closure on the waistband. The sample has
two side seam pockets and a flapped rear pocket having a hook and
loop closure. The outer seam length is 18 inches long.
ISSUE:
Whether the merchandise at issue is classifiable as shorts
or swimwear under the HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is made in
accordance with the General Rules of Interpretation (GRI's) 1
through 6. The systematic detail of the HTSUSA is such that
virtually all goods are classified by application of GRI 1, that
-2-
is, according to the terms of the headings of the tariff schedule
and any relevant section or chapter notes. In the event that the
goods cannot be classified solely on the basis of GRI 1, and if
the headings and legal notes do not otherwise require, the
remaining GRI's may be applied, taken in order.
In Hampco Apparel, Inc. v. United States, Slip Op. 88-12
(decided January 28, 1988), the United States Court of
International Trade addressed the issue of whether to classify
garments as shorts or swimwear. The decision set out the
criteria to be followed in the classification of swimwear. It
defined swimwear as those garments which have an elasticized
waistband through which a drawstring is threaded, and have a
lightweight tricot liner, and are designed and constructed for
swimming. The garment before the court was a pair of boxer-style
shorts with a woven cotton shell, a full elasticized waistband,
side seam pockets, and a rear pocket secured with a flap and snap
closure. In that case the court ruled that the garment before it
was properly classified as swim wear.
In accordance with the decision in Hampco, as interpreted by
Customs ruling of March 21, 1988, HRL 081447, we conclude that
the sample garment is classifiable as swim wear.
HOLDING:
The sample garment is classifiable in subheading
6211.11.2010, HTSUSA, which provides for track suits, ski-suits
and swimwear; other garments: swimwear: men's or boys': other, of
cotton: men's. The rate of duty is 8 percent ad valorem and the
textile category is 359.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number) 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.
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 issuance
of the U.S. Customs Service, which is updated weekly and is
available at your local Customs office.
-3-
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division