HQ 0081292 - Tariff classification of certain men's cotton swimwear - United States International Trade Commision Rulings

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HQ 081292

April 5, 1988

CLA-2:CO:R:C:G 081292 PAM

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.2010

Mr. Richard Recupero
Import Manager
American Import Services
Airport International Plaza
Newark, NJ 07114

RE: Tariff classification of certain men's cotton swimwear

Dear Mr. Recupero:

This is in response to your letter of November 4, 1987, in which you request that this office reconsider New York ruling 824777 of October 19, 1987, which classified certain garments, from Hong Kong, as men's shorts.

ISSUE:

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

FACTS:

We have reviewed your submission, the New York ruling of October 19, 1987, and the sample garments (Styles S/756, S/775, S/779, and 1012) that were submitted along with your request for reconsideration. Although Styles S/757 and S/759 were covered by the New York ruling of October 10, 1987, we did not receive samples of those styles and they will not be addressed by this reconsideration. (We also received two samples which were not covered by the New York ruling of October 10, 1987, i.e., Styles 774 and 1019. We did not analyze those garments for purposes of this reconsideration. If you wish a ruling on the classification of Styles 774 and 1019, you should submit a ruling request to our New York office.)

The sample garments representing Styles S/756, S/775, S/779, and 1012 each consist of a 100 percent woven cotton shell with an elastic waistband, a knitted liner which appears to be man-made fiber, and two side seam inserted pockets. A drawstring is threaded through the waistband of Style S/756. A lace is threaded through grommets on the waistband of the other three styles. Styles S/775, S/779, and 1012 are ornamented by rectangular textile overlays.

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 samples meet all of the requirements enunciated in Hampco, and must be classified as swimwear. The fact that a lace is threaded through grommets on the waistband of Styles S/775, S/779, and 1012 will not affect their classifica- tion. The appearance of these garments indicates that they are designed and constructed for swimming. In our opinion, the requisite physical characteristics, enunciated by the Court of International Trade in Hampco, are present in every sample.

CONCLUSION:

For the reasons stated above, Styles S/756, S/775, S/779, and 1012 are all classified under 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 cat- egory 359. This classification represents the present position of the Customs Service regarding the dutiable status of the mer- chandise 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 Style S/756 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. The applicable item number from the TSUSA for Styles S/775, S/779 and 1012 is the provision for men's or boys' wearing apparel, ornamented, of cotton, in item 381.0890, dutiable at the rate of 14 percent ad valorem. Textile and ap- parel category 359 applies to merchandise covered by this item number.

Sincerely,

John Durant

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