HQ 0087164 - Classification of men's and boys' swimwear from Taiwan - United States International Trade Commision Rulings

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HQ 087164

May 22, 1990

CLA-2 CO:R:C:G 087164 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.2010; 6211.11.2020

Mr. Michael Toole
ETA Import & Export Ltd.
248-06 Rockaway Blvd. Suite 286
Jamaica, New York 11422

RE: Classification of men's and boys' swimwear from Taiwan

Dear Mr. Toole:

This is in response to your letter dated April 16, 1990, requesting, on behalf of M. Hidary & Co., Inc., the classification of men's and boys' swim trunks under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is represented by a pair of men's swim trunks, style Nos. 6001 to 6004, made of 100 percent woven cotton denim fabric. The garment has a fully elasticized waist with a drawstring, a full inner liner made of nylon, two quarter top front pockets and a rear pocket with a partial hook and loop closure. The garment has a fly front with a hook and loop closure. The fly does not break the waistband. The legs of the garment are hemmed at the bottom.

ISSUE:

Whether the garments at issue are classifiable under subheading 6211.11.2010, HTSUSA and subheading 6211.11.2020, 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. Heading 6211, HTSUSA, provides for track suits, ski-suits and swimwear.

The garment at issue has the appropriate features of swim wear, i.e., it has an elasticized waist with a drawstring, a full inner lining and is designed and constructed for swimming. It is therefore classifiable as swimwear.

HOLDING:

The swim trunks in men's sizes are classified under subheading 6211.11.2010, HTSUSA, as track suits, ski-suits and swimwear; other garments, swimwear, men's or boy's, other, of cotton, men's. The swim trunks in boys' sizes are classified under subheading 6211.11.2020, HTSUSA, as track suits, ski- suits and swimwear; other garments, swimwear, men's or boy's, other, of cotton, boys'. Both the men's and boys' swimwear at issue are subject to a duty rate of 8 percent ad valorem, and 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.

Sincerely,

John Durant,

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