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HQ 087357


June 25, 1990

CLA-2 CO:R:C:G 087357 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.2010

Mr. Jack Dweck
Chase International Corp.
10 West 33rd Street
New York, New York 10001

RE: Men's woven shorts

Dear Mr. Dweck:

This is in response to your letter of May 11, 1990, in which you requested a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for certain woven shorts from China.

FACTS:

The sample submitted, style #CR91-4730E, is a pair of men's shorts with a woven cotton twill shell and a knit nylon liner. The rear portion of the waistband is elasticized; the front portion is non-elasticized. The waistband is encircled with beltloops and has a functional drawstring. The shorts have a fly front with a zipper closure and a two button closure on the waistband. The garment has two quarter top pockets, a 21 inch outseam, is hemmed and pleated.

ISSUE:

Whether the merchandise at issue is classifiable as shorts or swimwear under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI's) 1 through 6. The systematic detail of the HTSUSA is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule
and any relevant section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied,

In Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (decided January 28, 1988), the United States Court of International Trade addressed the issue of whether to classify garments as shorts or swimwear. The decision set out the criteria to be followed in the classification of swimwear. It defined swimwear as those garments which have an elasticized waistband through which a drawstring is threaded, and have a lightweight tricot liner, and are designed and constructed for swimming. 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 swimwear.

In accordance with the decision in Hampco, as interpreted by Customs ruling of March 21, 1988, HRL 081447, we conclude that the sample garment is classifiable as swim wear.

HOLDING:

The sample garment is classifiable in subheading 6211.11.2010, HTSUSA, which provides for track suits, ski-suits and swimwear; other garments: swimwear: men's or boys': other, of cotton: men's. The rate of duty is 8 percent ad valorem and the textile category is 359.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) 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.

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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


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