CLA-2 RR:TC:TX 959071 RH
Ms. Ellen B. Adler
Vice President
Barian Shipping Co., Inc.
910 Railroad Avenue
Woodmere, NY 11598
Re: Men's woven nylon shorts; Heading 6211; Swimwear; Heading
6203; Superseding Decision;
PC 8188043
Dear Ms. Adler:
This is in reply to your letter of March 5, 1996, on behalf of
Fila Sports, Inc., requesting modification of Pre-Classification
Ruling Letter (PC) 818043, dated January 12, 1996.
Customs issued PC 818043 on January 12, 1996, classifying the
subject merchandise as shorts under heading 6203 of the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). At the pre-classification review, a Customs National
Import Specialist (NIS) asked one of your client's
representatives what was the intended use of the garment. The
NIS was informed that the garment was a pair of shorts. You now
contend that the garment is swimwear and is part of your client's
"Aquatime" collection.
FACTS:
The sample merchandise you submitted is a pair of men's woven
nylon shorts, style number 1973-1312. It has a covered fully
elasticized waistband with a functional drawstring, no fly, a
knit polyester lining, side seam inserted pockets and hemmed leg
bottoms. The "Fila" emblem is embroidered on the lower left leg
of the garment.
ISSUE:
Whether the merchandise in question is classifiable as men's
swimwear under heading 6211, or as men's shorts under heading
6203, HTSUSA?
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LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes, taken in
their appropriate order.
The Guidelines for the Reporting of Imported Products in Various
Textile and Apparel Categories, CIE 13/88 (November 23, 1988),
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 can not be
recognized as swim trunks will be considered shorts.
The Court of International Trade reviewed these guidelines in
Hampco Apparel, Inc. v. United States, 12 CIT 92 (1988), when it
held that the following factors should be considered for a
garment to be classified as swimwear:
(1) whether the garment has an elasticized waistband through
which a drawstring is
threaded;
(2) whether the garment has an inner lining of lightweight
material; and
(3) whether the garment is designed and constructed for
swimming.
The court also stated that if a garment does not have an inner
lining and has a fly front, it would be considered shorts. Id.
The garment in this case clearly satisfies the three elements of
the Hampco decision. It has an elasticized waistband through
which a drawstring is threaded and an inner lining of light
weight material. Furthermore, the garment is constructed of
lightweight, absorbent woven nylon which drys quickly. It does
not have a fly. For these reasons, in conjunction with our
examination of the sample, we find that the garment is designed
and constructed for swimming and is, therefore, properly
classifiable under subheading 6211.11.1010, HTSUSA.
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HOLDING:
The garment is question is classified under subheading
6211.11.1010, which provides for "Track suits, ski-suits and
swimwear; other garments: Swimwear: Men's or boys": Of man-made
fibers
. . .Men's." The swimwear is dutiable at the column one general
rate of 29.2 percent ad valorem, and the textile category is 659.
This ruling supersedes PC 818043 with respect to the garment here
in issue.
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, you should contact your 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