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HQ 086143


March 2, 1990

CLA-2 CO:R:C:G 086143 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.39.0010

Mr. Duncan A. Nixon
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, New York 10004

RE: Classification of men's swimwear

Dear Mr. Nixon:

This is in response to your letter dated November 8, 1989, on behalf of Sutton and Sutton, Ltd., requesting the classification of men's swim trunks under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of a pair of men's swim trunks made of 100 percent cotton knit fabric. The garment has a fully elasticized waist with a drawstring, a full inner pant made of nylon, two side pockets, and two back pockets with velcro-like closures and grommet type holes. Your letter indicates that you believe that the garment is classifiable as swim trunks under subheading 6112.39.0010, HTSUSA.

ISSUE:

Whether the garment at issue is classifiable under subheading 6112.39.0010, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relative section or chapter notes. Subheading 6112.39.0010, HTSUSA, provides for track suits, ski-suits and swimwear, knitted or crocheted, men's or boy's swimwear, of other textile materials, of cotton.

The garment at issue has the appropriate features of swim wear, i.e., an elasticized waist with a drawstring and a lining and is therefore classifiable as swimwear.

HOLDING:

The swim trunks at issue are classified under subheading 6112.39.0010, HTSUSA, with a duty rate of 14 percent ad valorem, and are subject to textile category 359.

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 renegotiations 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Your sample is being returned to you, as requested.

Sincerely,

John Durant, Director

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