HQ 0084037 - Classification of men's shorts - United States International Trade Commision Rulings

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HQ 084037

JUNE 26, 1989

CLA-2 CO:R:C:G 084037 and 083866 PR; NY 837683, 837579, 837543, 837545, and 837589

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.2010

Mr. Luigi Galella
Generation One Apparel Inc.
20 West 33rd Street
New York, New York 10001

RE: Classification of men's shorts

Dear Mr. Galella:

This ruling is in response to your letters of February 28, 1989, concerning the tariff status of several sample garments.

FACTS:

Five samples, all products of China, were submitted--styles 208A through 208E. Each is a man's shorts, with a shell of medium weight woven cotton fabric. Each has a full knit nylon tricot support liner; side seam pockets; a rear back pocket with an unsecured opening; an elasticized waist with a functional drawstring; and a fly opening (two with fabric closures and three with zipper closures). On two of the garments, the elasticized waistband is continuous (unbroken) while on the remaining three garments the fly front extends through the waistband. All the garments are labelled to be a size medium and three have an outer seam length of approximately 21 inches while the other two have an outer seam length of approximately 18-1/2 inches.

ISSUE:

The issue presented is whether the submitted samples are classifiable as shorts or as swim wear.

LAW AND ANALYSIS:

The United States Court of International Trade has held that "swimwear [sic] is defined 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, at page 4 (decided January 28, 1988). The garment before the court was a pair of boxer-style shorts with a woven cotton shell, a full elasticized waistband, side seam pockets, and a rear pocket secured with a flap and snap closure. In that case the court ruled that the garment before it was properly classified as swim wear.

In accordance with the decision in Hampco, as interpreted by our ruling of March 21, 1988, file 081447, we conclude that all five sample garments are classifiable as swim wear.

HOLDING:

All five sample garments are classifiable under the provision for other men's woven cotton swim wear, in Subheading 6211.11.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), with duty, as product of China, at the rate of 8 percent ad valorem. Textile and apparel restraint category 359 is currently applicable to merchandise classifiable in that subheading.

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

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