CLA-2 R:C:T 958249 jb
Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
1515 Broadway, 43rd Floor
New York, NY 10036-8901
RE: Classification of men's woven nylon swimwear, heading 6211, HTSUSA; Hampco Apparel Inc. v. United States; swimwear and belt set; GRI 3(b); composite goods not offered for sale separately; essential character determined by swimwear
Dear Mr. Stack:
This is in response to your letter dated June 19, 1995, on behalf of your client, Roytex,
Inc., requesting classification, under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), of certain men's woven nylon swimwear imported from Bangladesh.
FACTS:
The merchandise comprises of five styles of men's boxer style swimwear composed of a
100 percent lightweight nylon woven shell and a 100 percent polyester mesh lining and featuring
an inside mesh coin pocket:
Style 225421 features a fully elasticized waist with five tunnel belt loops, two front cargo pockets with small velcro closures, one of the pockets also having an overlaid patch
pocket, two rear zippered pockets with covered openings and a belt.
Style 322017 is identical to style 225421 except that it comes in big and tall sizes.
Style 225422 features a zippered front opening with a snap button at the waist, two front
slash pockets, each having an overlaid patch pocket with a flap and button closure, a fully
elasticized waistband with five tunnel belt loops, and a back pocket with a flap and snap
closure. This style will be imported with the belt found on style 225421 and style 225423.
Style 225423 features two front pockets with diagonal openings, an exterior coin pocket with velcro closure, a back pocket with welting and a snap closure, a fully elasticized
waistband without a fly opening, tunnel belt loops and a belt.
Style 225424 features two on-seam side pockets, an insert front pocket with a zipper closure, a rear pocket with a flap opening (velcro closure), a fully elasticized waistband
and a drawstring.
ISSUE:
What is the proper classification for the submitted merchandise?
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 garments, i.e., with a lightweight outer shell, pockets, belt loops and a
belt, were classified as swimwear.
All of the subject merchandise, except style 225424, are composite goods inasmuch as
they have components that may be classifiable under heading 6211, HTSUSA, which provides for
men's woven swimwear, and heading 6217, HTSUSA, which provides for other made up clothing
accessories. Customs notes, however, that the two component pieces, the swimwear and the
belts, are adapted to one another in that the loops on the swimwear are sized to accommodate the
belts, and the casual nature of the belts and swimwear are mutually complementary in both use
and styling. Moreover, the pieces will be sold as a unit and the belts are not of the type that are
usually sold separately at retail.
As per GRI 2, goods comprised of more than one material, or which are prima facie
classifiable under two or more provisions in the nomenclature, are to be classified according to
GRI 3. GRI 3(a) mandates that of several applicable headings, the one that provides the most
specific description shall be preferred. This rule is inapplicable here because headings 6211 and
6217, HTSUSA, are equally specific in that each provides for a different component of the subject
merchandise. GRI 3(b) provides:
Mixtures, composite goods consisting of different materials or made up of different
components, and goods put up in sets for retail sale shall be classified as if they consisted
of the material or component which gives them their essential character.
Essential character in this instance is clearly provided by the swimwear. The belts are
mere accessories and would not be the motivating factor in the purchase of this merchandise.
Both the swimwear and the belts are properly classifiable under heading 6211, HTSUSA.
See also, HQ 950210, dated September 4, 1991 and HQ 081619, dated October 6, 1988, wherein
Customs ruled on a swimwear and belt set and a men's trousers and cotton belt set, respectively.
HOLDING:
The subject men's swimwear and belt sets, referenced style numbers 225421, 322017,
225422, and 225423, and style number 225424, which does not come with a belt, are classified
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 29.4 percent ad valorem and the 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 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
Tariff Classification Appeals Division