CLA-2 R:C:T 958169 jb
Howard M. Paul, Esq.
630A Third Street
Brooklyn, N.Y. 11215
RE: Classification of men's woven cotton shorts; swimwear, heading 6211, HTSUSA; Hampco
Apparel Inc. v. United States
Dear Mr. Paul:
This is in response to your letter dated June 26, 1995, on behalf of your client, New
Princely Industries, Inc., requesting classification, under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), of a pair of men's woven cotton shorts. A sample was
provided to this office for examination.
FACTS:
The sample, Style number 51040, consists of a pair of men's size Medium shorts
composed of a woven shell comprised of 60 percent cotton and 40 percent polyester, and a 100
percent nylon tricot mesh liner. The garment has a fully elasticized waistband with a snap closure,
five tunnel belt loops, a woven nylon belt with a plastic slide closure, a functional drawstring, and
a zipper fly closure. The shorts measure 18 inches from the top of the waistband to its hemmed
bottom. The garment has side seam inserted pockets and a rear inserted pocket with zipper
closure; on the lower left leg there is a flap simulating a flapped pocket, with velcro closure.
ISSUE:
Whether the submitted sample is classifiable under men's swimwear, heading 6211,
HTSUSA, or men's shorts, heading 6203, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed by the General Rules of
Interpretation (GRI). GRI 1 requires that classification be determined according to the terms of
the headings and any relative section or chapter notes, taken in order. Where goods cannot be
classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their
appearance.
In Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (January 28, 1988), the Court
of International Trade stated that three factors must be present if a garment is to be considered
swimwear for tariff purposes:
(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 Guidelines for the Reporting of Imported Products in Various Textile and Apparel
Categories, CIE 13/88, November 23, 1988, also provide guidelines in classifying garments as
either men's shorts or swimwear. The guidelines state:
Garments commercially known as jogging or athletic shorts are normally loose-fitting
short pants usually extending from the waist to the upper thigh and usually have an elastic
waistband. They may resemble swim trunks for men, boys, or male infants, which are not
included in this category. Swim trunks will usually have an elasticized waist with a
drawstring and a full lightweight support liner. Garments which cannot be recognized
as swim trunks will be considered shorts. (Emphasis added).
In Headquarters Ruling Letter (HRL) 081477, dated March 21, 1988, we stated that in
order to determine whether a garment is designed and constructed for swimming, we will 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 a garment is chiefly used.
Customs has classified similar merchandise in the past. In HQ 957409, dated January 27,
1995, and HQ 956299, dated May 13, 1994, garments designed similarly to the submitted
garment, i.e., with pockets, belt loops and a woven nylon belt, were classified as swimwear. The
descriptions of the garments in HQ 957409 and HQ 956299 are extremely similar to the
description of the garment at issue herein. Though the garments vary in the fiber composition of
the fabrics with which they are made, all the garments are made of lightweight woven outershell
fabrics and possess mesh liners. The submitted garment varies slightly from the garments in the
above stated rulings in that style number 51040 has a fly front opening. It is our opinion that this
variation in construction, on this particular garment, is not significant enough to warrant different
classification. Although the garment does feature a fly front opening which might be
uncomfortable against the wearer's bare skin, the back of the zipper has a strip of fabric that
overlaps the zipper, serving as a shield between the wearer and the zipper. Additionally, the
fabric used to construct this article is relatively lightweight and will not retain an inordinate
amount of water, the garment's outseam length is not so long so that it inhibits swimming, and the
belt is composed of lightweight, non-absorbent materials. Accordingly, these features indicate
that the garment has been designed principally for swimming and thus qualifies as men's
swimwear in heading 6211, HTSUSA.
HOLDING:
The subject men's shorts, referenced style number 51040, are classified under subheading
6211.11.8010, HTSUSA, which provides for track suits, ski-suits and swimwear; other garments:
swimwear: men's or boys': other: other; of cotton: men's. The applicable rate of duty is 8
percent ad valorem and the quota category is 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 your client check, close to
the time of shipment, the Status 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, your client should contact the local
Customs office prior to importing the merchandise to determine the current applicability of any
import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division