HQ 0087322 - Men's Swimwear - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0087299 - HQ 0087421 > HQ 0087322

HQ 087322

August 8, 1990

CLA-2 CO:R:C:G 087322 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.2010

Ms. Sandra R. Snider
Manager
Clear Freight
P.O. Box 280665
San Francisco, CA 94128

RE: Men's Swimwear

Dear Ms. Snider:

This is in reply to your letter of April 26, 1990, in which you requested a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) concerning men's swim shorts. A sample was provided.

FACTS:

The merchandise at issue consists of men's swimshorts, style no. 4024. The shorts are 100 percent cotton, with a 100 percent cotton lining, elasticized waist and drawstring and have two side pockets and one hip pocket. The shorts will be manufactured in China and Hong Kong and will be imported through the ports of Los Angeles and San Francisco.

ISSUE:

Whether the article in question is classifiable as shorts or as swimwear.

LAW AND ANALYSIS:

Heading 6211, HTSUSA, provides, inter alia, for swimwear. The Notes to Chapter 62, HTSUSA, as well as the Harmonized Commodity Description and Coding System, Explanatory Notes, are silent as to what constitutes swimwear.

However, the Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories (Textile Guidelines), 53 FR 52563, 52569 (December 28, 1988), distinguish shorts from swimwear.

Garments commercially known as jogging or athletic shorts are normally loose-fitting short pants usually extending from the waist to the upper thigh and usually have an elastic waistband. They may resemble swim trunks for men, boys or male infants, which are not included in this category. Swim trunks will usually have an elasticized waist with a drawstring and a full lightweight support liner. Garments which cannot be recognized as swim trunks will be considered shorts.

In Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (decided January 28, 1988), the issue was whether a pair of 100 percent cotton twill boxer-style shorts with a nylon liner, elasticized waist and drawstring was classifiable under the Tariff Schedules of the United States Annotated (TSUSA) as shorts or as swimwear. Citing the Textile Guidelines then applicable under the TSUSA, the pertinent language of which was the same as the HTSUSA version quoted above, the Court defined swimwear as those garments which have an elasticized waistband through which a drawstring is threaded, a lightweight tricot liner, and are designed and constructed for swimming. On this basis the Court held that the garment before it was properly classifiable as swimwear.

In Headquarters Ruling Letter (HRL) 081447 dated March 21, 1988, and most recently, in HRL 087264 dated June 13, 1990, and HRL 087357 dated June 25, 1990, similar garments have been classified as swimwear rather than as shorts. In accordance with Hampco and the Textile Guidelines, and consistent with agency practice, the garment in question is classifiable as swimwear.

HOLDING:

The garment in question is classifiable in subheading 6211.11.2010, HTSUSA, under the provision for track suits, ski- suits and swimwear; other garments: swimwear: men's or boys': other, of cotton: men's. The article is dutiable at 8 percent ad valorem and is subject to quota 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 (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, 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,

Previous Ruling Next Ruling