CLA-2 RR:TC:TE 958793 GGD
Ms. Cathy Johnson
Unionbay
Division of Seattle Pacific Industries, Inc.
Post Office Box 58710
Seattle, Washington 98138
RE: Boys' Woven Swimwear; Essential Character Imparted by Inner
Shell; Hampco Apparel, Inc. v. United States
Dear Ms. Johnson:
This letter is in response to your request of November 21,
1995, concerning the classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), of boys' swim
trunks manufactured in China. A sample was submitted with your
request.
FACTS:
The sample, identified by style number 61U841-77, is a pair
of boys' woven shorts with a translucent outer shell composed of
woven nylon textile material (weighing approximately 0.018 of an
ounce per square meter), a plaid inner shell of woven cotton
material (weighing approximately 1.35 ounces per square meter),
and a nylon mesh liner. The trunks have hemmed leg openings, a
fully elasticized waistband with a functional drawstring, two
inserted side seam mesh pockets, and a rear patch pocket with a
hook and loop type fabric closure. When imported, the front fly
will be operational with a hook and loop type fabric closure.
The importer produces no advertising material or other
descriptive literature concerning the article. -2-
ISSUES:
1) Whether the article is classified in heading 6211, HTSUS,
as woven swimwear.
2) Whether the article's essential character is imparted by
the nylon outer shell or the cotton inner shell.
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with
the General Rules of Interpretation (GRI). GRI 1 provides that
the classification of goods shall be determined according to the
terms of the headings of the tariff schedule and any relative
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 may then
be applied. The Explanatory Notes (EN) to the Harmonized
Commodity Description and Coding System, which represent the
official interpretation of the tariff at the international level,
facilitate classification under the HTSUS by offering guidance in
understanding the scope of the headings and GRI.
The boys' trunks satisfy the criteria which the Court of
International Trade (CIT) found pertinent to garments properly
classified as swimwear, in Hampco Apparel, Inc. v. United States,
12 C.I.T. 92, Slip Op. 88-12 (1988 Ct. Intl. Trade). The CIT
found that an article properly classified as swimwear: 1) has an
elasticized waistband through which a drawstring is threaded; 2)
has an inner lining of lightweight material; and 3) is designed
and constructed for swimming. Customs generally determines
whether a garment is designed and constructed for swimming by its
appearance. See Headquarters Ruling Letter (HQ) 081447, issued
March 21, 1988, and HQ 083637, issued April 21, 1989. Based upon
this garment's appearance, we find that the boys' trunks are
designed and constructed for swimming.
Among other goods, heading 6211, HTSUS, covers swimwear that
is not knitted or crocheted. Subheading 6211.11, HTSUS, provides
for men's or boys' swimwear. Classification at the eight digit
level depends upon whether this article, a composite good, is
determined to be of man-made fibers (in this case, nylon) or of
cotton. Since the outer shell is composed of nylon and the inner
shell consists of cotton, we look to GRI 2(b), which states: -3-
The classification of goods consisting of more than one
material or substance shall be according to the principles
of rule 3.
GRI 3(a) states, in pertinent part, that:
when two or more headings each refer to part only of
the materials or substances contained in mixed or
composite goods...those headings are to be regarded as
equally specific in relation to those goods, even if
one of them gives a more complete or precise
description of the goods.
Since we need to determine the subheading in which the
article will be classified, GRI 3(a) is inapplicable. We thus
look to GRI 3(b), which in pertinent part states:
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, insofar as this
criterion is applicable.
In order to determine the essential character of the boys'
woven swim trunks, we next view Explanatory Note VIII to GRI
3(b), which provides the following guidance:
The factor which determines essential character will vary as
between different kinds of goods. It may, for example, be
determined by the nature of the material or component, its
bulk, quantity, weight or value, or by the role of a
constituent material in relation to the use of the goods.
In this case, the woven cotton inner shell not only
predominates by weight, but provides an element of decency
through its role as the only opaque layer of textile material.
When the swimwear's flimsy nylon outer layer becomes wet, the
inner shell remains visually impenetrable, a significant
characteristic for the modest user. We consider the outer layer
to be merely a styling feature and find that the woven cotton
inner shell provides this garment with its essential character.
HOLDING:
The boys' woven swim trunks, identified by style no. 61U841-77, are classified in subheading 6211.11.8020, HTSUSA, textile
category 359, the provision for "Track suits, ski-suits and -4-
swimwear; other garments: Swimwear: Men's or boys': Other, Of
cotton: Boys'." The general column one duty rate is 7.8 percent
ad valorem.
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 internal
issuance of the U.S. Customs Service, which is available for
inspection at your 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 applicable to textile
merchandise, 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
Tariff Classification
Appeals Division