CLA-2 CO:R:C:T 951077 SK
TARIFF NOS.: 6211.11.1010
Robert T. Stack
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, N.Y. 10036
RE: Classification of men's garments; woven polyester and cotton
swimwear; Hampco Apparel, Inc. v. United States, 12 C.I.T. 92
(1988); 6211, HTSUSA; Textile Category Guidelines, C.I.E.
June, 1987
Dear Mr. Stack:
This is in response to your letter of December 31, 1991,
requesting classification of an article of men's apparel
referenced style #221561. A sample was submitted to Customs for
examination and will be returned to you under separate cover.
FACTS:
Style #221561 is a men's garment constructed from 65%
polyester and 35% woven cotton. The garment has a fly front
zippered opening, a separate waistband which is elasticized in
the back, a single-button closure above the zipper and a full
liner made from synthetic fiber mesh fabric. The garment has two
side seam inserted pockets and a rear inserted pocket with a one-
button closure. The front of the garment is pleated. The outer
seam from the top of the waistband to the hem bottom measures
approximately 16 1/2 inches.
You state that the garment will have functional drawstrings
in the waistband at the time of importation.
ISSUE:
Is the subject merchandise properly classifiable as men's
swimwear or as men's shorts under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA)?
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LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's) taken
in order. GRI 1 provides that classification shall be determined
according to the terms of the headings and any relative section
or chapter notes.
The issue in the instant case is whether style #221561 is
classifiable under heading 6203, HTSUSA, which provides for,
inter alia, men's shorts or under heading 6211, HTSUSA, which
provides for men's swimwear.
In Hampco Apparel, Inc. v. United States, 12 C.I.T. 92
(1988), the Court set forth guidelines with regard to the
classification of men's swimwear. The following criteria were
deemed indicative of men's swimwear:
1) the garment has an elasticized waistband through which a
drawstring is threaded;
2) there is an inner lining of lightweight material, namely
nylon tricot; and
3) the garment must be designed and constructed for
swimming.
In the instant case it is apparent that the submitted sample
meets the first two criteria: style #221561 has an elasticized
waistband [there is no requirement that the entire waistband be
elasticized], a drawstring [the article will be imported with a
drawstring], and an inner lining of lightweight material. The
article at issue also meets the third requirement inasmuch as the
fabric used in this garment's construction, and its styling, are
compatible for use as swimwear. The presence of pockets does not
necessarily preclude classification as swimshorts. Moreover, the
garment's inseam length (16 1/2 inches) is not so long so that it
encumbers the wearer and inhibits swimming. Style #221561, so
long as it has a functional drawstring, meets the test set forth
in Hampco and is appropriately classifiable as men's swimwear
under heading 6211, HTSUSA.
If the garment at issue is imported without drawstrings,
there is strong evidence to suggest that style #221561 is
classifiable as shorts. Without a drawstring, the garment does
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not satisfy the Hampco test and the presence of a fly front tends
to be indicative of a garment's status as shorts. In The Textile
Category Guidelines, C.I.E. June, 1987, it was recognized that
"while a fly front will not preclude a garment from being
swimwear, normally a garment with a fly front and two or more
pockets is shorts and not swimwear."
HOLDING:
Style #221561, if imported with a functional drawstring, is
classifiable under subheading 6211.11.1010, HTSUSA, which
provides for track suits, ski-suits and swimwear; other garments:
swimwear: men's or boys': of man-made fibers...
men's. The rate of duty is 29.6% ad valorem and the textile
category is 659.
If style #221561 is imported without a drawstring, it is
classifiable as men's shorts under subheading 6203.43. 4030,
HTSUSA, which provides for, inter alia, men's synthetic fiber
shorts, dutiable at a rate of 29.7% ad valorem. The applicable
textile category is 647.
The designated textile and apparel category may be subdivided
into parts. If so, the 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 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 updated weekly and is available for inspection
at your local Customs office.
Due to the 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