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HQ 951639


July 31, 1992

CLA-2 CO:R:C:T 951639 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Mr. William Maloney
Rode & Qualey
295 Madison Avenue
New York, New York 10017

RE: Classification of Men's Woven Nylon Shorts; Heading 6203

Dear Mr. Maloney:

In your letter of April 1, 1992, you requested a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a pair of men's woven nylon shorts on behalf of your client, Adidas USA, Inc. You submitted a sample with your letter. The sample is being returned to you under separate cover.

FACTS:

The sample submitted, style "Street," is a pair of men's woven nylon shorts with a double waistband: a fully elasticized turned over waistband with a drawstring threaded through it and a second underwear like waistband sewn to its interior surface and protruding above it.

The garment has a full support liner of knit polyester, side seam pockets and a pouch with a zipper closure on the left side of the garment, immediately under the exterior waistband. The garment has side vents. It measures approximately 22 inches from the top of the second waistband to the hemmed bottom of the shorts.

You refer to the instant garment as a multi-purpose garment, but you state that it is designed to be suitable for use as swimwear.

ISSUE:

Is the instant garment classified as swimwear in Heading 6211, HTSUSA, or as a pair of shorts in Heading 6203, HTSUSA?

LAW AND ANALYSIS:

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

You state that Hampco Apparel, Inc, v. United States, 12 CIT 92, Slip Op. 88-12 (1988) and various Customs rulings, including Headquarter Ruling Letter (HRL) 081447 of March 21, 1988, support your suggested classification as a swimsuit in subheading 6211.11.1010, HTSUSA.

In Hampco, supra, the Court of International Trade defined swimwear as a "garment" which has "an elasticized waistband, and a liner of nylon tricot, designed and used for swimming." While the instant garment has these features, the extra fabric of the second waistband is not a normal design feature of swimwear nor is it conducive to swimming. Since the design of the garment is not consistent with Hampco, the manner in which the manufacturer or importer intends the garment to be used will be considered as evidence of the design and construction of the apparel. See HRL 081477.

Noting Rule 1(a) of the Additional U. S. Rules of Interpretation, the evidence of record does not support a finding that the principal use of the garment in question is that of swimwear. The sample submitted, which you refer to as a multi- purpose short, is active wear which may include swimming among its various uses.

HOLDING:

The instant garment is classified under the provision for men's woven shorts of synthetic fibers, in subheading 6203.43.4030, HTSUSA, dutiable at the rate of 29.7 percent ad valorem. Textile category 647 pertains to merchandise which is classified in this subheading.

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. Inasmuch as 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

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