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HQ 081185


April 5, 1988

CLA-2:CO:R:C:G 081185 PAM 824428

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.2010

Mr. Parker
Parker Enterprises
47-281B Hui Iwa Street
Kaneohe, HI, 96744

RE: Tariff classification of certain men's cotton swimwear

Dear Mr. Parker:

This is in response to your letter of October 15, 1987, in which you requested a classification ruling on men's swimwear from Taiwan. Your request has been forwarded to Headquarters for disposition. Our ruling on the classification of this merchan- dise follows.

ISSUE:

Is the sample garment classified as swimwear or shorts for tariff purposes?

FACTS:

One sample accompanied this ruling request. The sample is composed of the following features: a woven shell that is 100 percent cotton, a fully elasticized waistband with functional drawstring, a liner of man-made material and an inside coin/key pocket made from the same material as the liner. Two inserted side seam pockets and a partially secured rear pocket also adorn this sample. The inserted pockets are constructed partially from man-made mesh material and partially from the same material as the shell of the garment. The rear pocket is partially secured with a Velcro closure.

LAW AND ANALYSIS:

A recent court opinion defined swimwear as a garment which has an elasticized waistband with a drawstring, and a liner of nylon tricot, designed and used for swimming. Hampco Apparel, Inc. v. U.S., Slip Op. 88-12 (Ct. Int'l Trade decided January 28, 1988). In Headquarters Ruling Letter 081447 of March 21, 1988, we determined that garments similar to those discussed in Hampco which are designed and constructed for swimming and possess both an elasticized waistband through which a drawstring is threaded and a lightweight nylon tricot liner will be treated as swimwear for tariff purposes. We decide whether or not a garment is de- signed and constructed for swimming from the appearance of that garment. If Customs is unable to determine whether a garment is designed and constructed for swimming from its appearance, evidence of the way in which a garment has been designed, manufactured, marketed, or advertised, the way in which a manufacturer or importer intended a garment to be used, and the way in which a garment is chiefly used will be considered in or- der to facilitate our inquiry into the primary function of that garment.

In this instance, the sample met all of the requirements enunciated in Hampco, and must be classified as swimwear. The fact that this garment is equipped with two side seam pockets and a partially secured rear pocket will not affect its classifica- tion. The appearance of this garment indicates that it is de- signed and constructed for swimming. In our opinion, the requi- site physical characteristics, enunciated by the Court of International Trade in Hampco, are present in this sample.

CONCLUSION:

For the reasons stated above, this garment is classified un- der Subheading 6211.11.2010 of the HTSUSA, which provides for men's swimwear, of cotton, dutiable at the rate of 8 percent ad valorem, with textile and apparel category 359. This classifica- tion represents the present position of the Customs Service re- garding the dutiable status of the merchandise under the proposed HTSUSA. If there are changes before enactment this advice may not continue to be applicable.

The applicable item number from the Tariff Schedules of the United States Annotated (TSUSA) for this garment is the provision for men's or boys' wearing apparel, not ornamented, of cotton, in item 381.6585, dutiable at the rate of 8 percent ad valorem. Textile and apparel category 359 applies to merchandise covered by this item number.

Sincerely,

John Durant

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