HQ 0081968 - Tariff classification of certain men's swimwear - United States International Trade Commision Rulings

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HQ 081968

May 4, 1988

CLA-2:CO:R:C:G 081968 PAM 827149

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.2010

Mr. Shimon Hedvat
Jon Lauren Apparel, Inc.
1 Eagle Road
Marlboro, New Jersey 07746

RE: Tariff classification of certain men's swimwear

Dear Mr. Hedvat:

This is in response to your letter of December 16, 1987, in which you request a tariff classification ruling on certain men's swimwear from an unspecified country of origin.

ISSUE:

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

FACTS:

One sample garment was submitted for our analysis. The shell of this garment is a blend consisting of 55 percent cotton and 45 percent polyester material. It has an elastic waistband through which a drawstring is threaded, a knitted liner of man-made fiber, and two inserted patch pockets with openings on each side seam. This garment has a rear inserted pocket that is equipped with a flap and secured by means of a Velcro closure. Two front seams are located midway between the side seams and middle seam of this sample.

Your letter indicates that the two side pockets and two of the front seams will be dispensed with in the final design of this garment. You also state that the rear flap can be secured by a larger Velcro strip, if such a design change will effect the classification of this garment. In our opinion, none of the pro- posed changes will in any way effect the classification of this garment as swimwear.

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. United States, 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 gar- ment is designed 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 appear- ance, evidence of the way in which a garment has been designed, manufactured, marketed, or advertised, the way in which a man- ufacturer or importer intended a garment to be used, and the way in which a garment is chiefly used will be considered in order to facilitate our inquiry into the primary function of that garment.

In this instance, the sample meets all of the requirements enunciated in Hampco, and must be classified as swimwear. The appearance of this garment indicates that it is designed and con- structed for swimming, and the requisite physical characteristics are also present.

CONCLUSION:

For the reasons stated above, this garment is classified un- der subheading 6211.11.2010 of the HTSUSA, which provide for men's swimwear, of cotton, with textile and apparel category 359. Assuming column one rates apply, this swimwear is dutiable at 8 percent ad valorem. This classification represents the present position of the Customs Service regarding 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 for this garment is the provision for men's or boys' wearing apparel, not ornamented, of cotton, in item 381.6585, dutiable at, assuming column one rates apply, 8 percent ad valorem. Textile and apparel category 359 applies to merchandise covered by this item number.

Sincerely,

John Durant

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