CLA-2 RR:TC:TE 960646 SG
TARIFF NO: 6203.42.4050
Mr. Stanley J. Schwartz
Barian Shipping Company, Inc.
910 Railroad Avenue
Woodmere, New York 11598
RE: Men's woven cotton shorts; not swimwear, heading 6203,
HTSUSA; shorts, heading 6211 , HTSUSA
Dear Mr. Schwartz:
This is in response to your letter dated May 22, 1997, on
behalf of your client, Fila Sports, Inc,. requesting
classification, under the Harmonized Tariff Schedules of the
United States Annotated (HTSUSA), of a pair of men's woven
shorts. A sample was provided to this office for examination.
FACTS:
The sample, Style Number 33762813/110, is a pair of men's
shorts with an outer shell of 70% cotton and 30% nylon woven
fabric. It has a mesh liner of knit polyester fabric. The
garment measures 15 « inches from the waist to the hem of the
leg. It has two side seam pockets with partial mesh and partial
woven linings, a flapped rear pocket with a VELCRO-type closure
and a mesh lining. Slightly below the waistband there is a
flapped exterior coin pocket with a snap closure and mesh lining.
It also has an interior coin pocket on the waistband with a woven
lining. The waistband of the garment contains a snap closure.
The rear section of the waistband is elasticized, the front
section of the waistband is flat and is not elasticized, and at
approximately two inches on either side of the waistband's snap
closure the garment contains an inside opening approximately «
inches in length. However the garment contains no drawstring.
The garment has a fly front opening with a VELCRO-type closure.
The garment has two fabric overlays approximately one inch wide
and one inch apart on either side of the right side seam. The
word FILASPORT and the letters FS are embroidered on the front
left lower leg of the garment. The garment is made in Thailand.
2
ISSUE:
Whether the submitted sample is classifiable as men's
swimwear of heading 6211, HTSUSA, or men's shorts of 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,12 CIT 92 (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
Although the Hampco decision involved classification of
swimwear under the previous tariff schedule, i.e., the Tariff
Schedules of the United States, it is relevant to decisions under
the HTSUSA as the tariff language at issue is the same and the
current tariff does not offer any new or different guidance
regarding the distinction between swimwear and shorts.
In the instant case it is apparent that the submitted sample
does not meet the first criteria of Hampco, there is no
drawstring threaded through an elasticized waistband. Without a
drawstring, the garment does not satisfy the Hampco test and the
presence of both a snap waistband closure and a fly front, as
well as the numerous pockets tend to be indicative of the
garment's status as shorts. In The Textile Category Guidelines,
C.I.E. 13/88, it was recognized that "[G]arments which cannot be
recognized as swim trunks will be considered shorts."
Although you assert that the submitted sample is designed
and constructed for swimming, you have provided no support for
your assertion that the submitted shorts are, in fact, designed
and constructed for swimming.
Inasmuch as the shorts do not meet the three criterion of
Hampco, Customs is of the position that the shorts are properly
classifiable under heading 6203, HTSUSA.
3
HOLDING:
The submitted short, Style 33762813/110, is properly
classified under subheading 6203.42.4050, HTSUSA, which provides
for men's woven shorts of cotton fibers. The applicable rate of
duty as of January 1, 1998, is 17.3 percent ad valorem. The
textile category is 347.
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 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
Commercial Rulings Division