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HQ 950652


February 12, 1992

CLA-2 CO:R:C:T 950652 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4050

Sol Davis
Celebration Imports, Inc.
350 Fifth Avenue
New York, NY 10118

RE: Classification of men's lower body garments; not classifiable as swimwear in Heading 6211; classifiable as shorts in Heading 6203; HRL 950207

Dear Mr. Davis:

This letter is in response to your inquiry of October 10, 1991, requesting the tariff classification of men's lower body garments from China. A sample was submitted for examination.

FACTS:

The submitted sample, designated by you as style 473, is a man's lower body garment that has short pant legs. It has a 100 percent cotton chambray shell. The sample has a knit liner of 100 percent nylon, a partially elasticized waistband, a functional drawstring, a fly front opening with a zipper closure, and a button closure at the waistband. The waistband is encircled with belt loops. It has two front slanted inserted pockets and two rear patch pockets, each of which with a 3-inch decorative dart and a button closure. On the lower section of each leg is a flapped patch pocket with a Velcro-like closure, and each pocket has a smaller patch pocket on its exterior surface. This garment has front pleats and is hemmed. It has an outseam length of approximately 18 inches measured from the top of the waistband to the leg bottom.

ISSUE:

Whether the submitted merchandise is classifiable in Heading 6203 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) or in Heading 6211, HTSUSA? LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6203, HTSUSA, provides for, among other articles, articles of apparel, not knitted or crocheted, men's or boys' breeches and shorts (other than swimwear). Heading 6211, HTSUSA, provides for, among other articles, articles of apparel, not knitted or crocheted, swimwear. You contend that the submitted merchandise is classifiable as swimwear.

In Hampco Apparel, Inc. v. United States, 12 C.I.T. 92 (1988), the Court set forth guidelines for the classification of men's swimwear. The following criteria were listed as indicative of men's swimwear:

1) the garment has an elasticized waistband through which a drawstring is threaded;

2) the garment has an inner lining of lightweight material, namely, nylon tricot; and

3) the garment was designed and constructed for swimming.

The Court also stated that if the garment does not have an inner lining and has a fly front, it would be considered shorts.

The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, November 23, 1988, also provide guidelines in classifying men's swimwear. They state at page 21, "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."

Although the submitted merchandise would meet the first two criteria of Hampco, having an elasticized waistband with drawstring and a lightweight inner lining, we do not believe that this merchandise meets the third criterion.

In Headquarters Ruling Letter (HRL) 950207, dated December 3, 1991, we ruled that a men's lower body garment of denim fabric, having an elasticized waistband with drawstring and a lightweight inner lining, was not designed and constructed for swimming. Consequently the merchandise of that ruling was not classified in Heading 6211, but in Heading 6203 as shorts. We stated in HRL 950207 that the merchandise had the following characteristics which indicated it was not swimwear but shorts: a shell made of heavy denim fabric, outseam lengths of 23 inches for one garment and 24 inches for the other, a fly front and a lining split in front of the fly, and three pockets. Those factors indicated that the merchandise was not designed for swimming.

The submitted merchandise contains all of the factors listed above except for a slightly shorter outseam length, 18 inches long, and an outer shell of heavy chambray fabric instead of denim. In addition it contains more pockets, six, than the merchandise of HRL 950207. Finally, it has other features, such as belt loops, which indicate that this merchandise is shorts and not swimwear. Thus the overall styling and design indicate that this merchandise is not swimwear, but instead is shorts. Conse- quently the submitted sample is classifiable in Heading 6203.

HOLDING:

The submitted merchandise is classified under subheading 6203.42.4050, HTSUSA, which provides for men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, shorts, men's. The rate of duty is 17.7 percent ad valorem, and the textile category is 347.

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

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.

Sincerely,

John Durant, Director
Commercial Rulings Division

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