CLA-2 CO:R:C:T 953396 ch
Rob Tarquinio
Roytex, Inc.
16 East 34th Street
New York, New York 10016
RE: Classification of men's swimwear; shorts; Hampco; woven
polyester and cotton.
Dear Mr. Tarquinio:
This is in response to your letter of January 4, 1993,
requesting tariff classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), for a men's
lower body garment. A sample was provided to our office for
examination.
FACTS:
The sample submitted, style #221677, is a pair of men's
woven shorts composed of 65 percent polyester and 35 percent
cotton brushed sheeting. It has a polyester mesh liner, diagonal
side seam pockets and a rear pocket with a button closure. This
garment features an elastic waistband with drawstring. It has a
fly front zippered opening, with a single button closure above
the zipper. This item measures approximately 17 inches from the
top of the waistband to the hemmed bottom.
A hang tag attached to the sample states that it may be worn
for both "active and leisure activities." You have also
submitted a line sheet which describes style #221677 as a plaid
trunk.
ISSUE:
Whether the subject merchandise is classified under heading
6211, HTSUSA, which provides for men's swimwear, or heading 6203,
HTSUSA, which provides for men's shorts (other than swimwear).
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI). GRI 1 provides that
classification is determined first in accordance with the terms
of the headings of the tariff and any relative section or chapter
notes. Where goods cannot be classified on the basis of GRI 1,
the remaining GRI will be applied in order.
In Hampco Apparel, Inc. v. United States, 12 C.I.T. 92
(1988), the Court of International Trade set forth features
typically found in swimwear:
(1) the garment has an elasticized waistband
through which a drawstring is threaded;
(2) the garment has an inner lining of
lightweight material; and
(3) the garment is designed and constructed for
swimming.
The Court stated:
If all of the above are present, the garment is
swimwear. If the garment does not have an inner lining
and has a fly front, it would be considered shorts.
In this case, the garment has both a lightweight inner lining and
an elasticized waistband through which a drawstring is threaded.
Hence, the first two criteria have clearly been met.
With respect to the third criteria, it has been our practice
to first look at the appearance of the garment. If the
appearance is inconclusive, the following evidence will be
considered: the way in which the garment has been designed,
manufactured, marketed or advertised, the way in which the
manufacturer or importer intends the garment to be used, and the
way in which the garment is chiefly used. See HRL 952751, dated
January 12, 1993; HRL 952209, dated October 2, 1992; HRL 951841,
dated August 11, 1992; HRL 950501, dated December 17, 1991.
The instant garment appears to be designed and constructed
for swimming. The fabric used to construct this article is of a
relatively lightweight material, which renders the article
suitable as swimwear. The garment's inseam length is not so long
so that it inhibits swimming. The presence of pockets and a
zippered fly does not preclude classification as a swimsuit.
Finally, merchandise substantially similar to the instant garment
was classified as swimwear in HRL 951077, dated April 21, 1992.
As the garment has the appearance of swimwear, the third criteria
is satisfied without regard to how it is marketed.
Accordingly, the subject item is classified as men's
swimwear, pursuant to heading 6211, HTSUSA.
HOLDING:
The subject merchandise 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 applicable rate of duty is 29.6
percent ad valorem. The textile quota category is 659.
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 the subject of frequent negotiations 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 the local Customs office.
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 the local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.
Sincerely,
John Durant, Director