HQ 0086439 - Tariff classification of woven cotton swimwear - United States International Trade Commision Rulings

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HQ 086439

May 23, 1990

CLA-2 CO:R:C:G 086439 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.2010

Mr. Hal G. Limebeer
Examer Customs Broker
Peace Bridge Plaza
Suite 311
Buffalo, New York 14213

RE: Tariff classification of woven cotton swimwear

Dear Mr. Limebeer:

In your letter of January 22, 1990, you asked for a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for men's woven cotton shorts on behalf of your client, Marshall Gobuty International Inc. You submitted a sample of the swimwear along with your letter. The swimwear is made in Canada.

FACTS:

The sample submitted, style #RMM 9083, is a pair of baggy men's woven cotton shorts measuring 23 inches in length. The hemmed shorts, the outer surface of which is chambray, have a fully elasticized waist, a functional drawstring, a knit nylon full support liner and two diagonal side pockets. No information was submitted concerning the advertising and marketing of this garment.

ISSUE:

Is the instant garment classified as swimwear or as shorts for tariff purposes?

LAW AND ANALYSIS:

In Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (decided January 28, 1988), the Court of International Trade defined the swimwear before it as "a garment which has an elasticized waistband with a drawstring, and a liner of nylon tricot, designed and used for swimming." In Customs Headquarters Ruling Letter (HRL) 081447 of March 21, 1988, we stated that Customs will treat as swimwear all garments possessing these criteria, although the liner need only be a
lightweight one. HRL 081447 also said that Customs would no longer assign any particular relevance to the length of the garment's inseam in drawing inferences about the primary function of the garment. In HRL 081228 of March 2, 1988, we held that a garment which was approximately 23 inches in length was classified as swimwear.

In view of the fact that the garment in question has a fully elasticized waistband with a drawstring and lightweight liner it meets the general criteria for use as swimwear.

HOLDING:

The instant woven cotton men's swimwear is classified under the provision for track suits, ski-suits and swimwear: swimwear: men's or boys': other: of cotton: men's, in subheading 6211.11.2010, HTSUSA. Articles imported from Canada under this provision are eligible for a duty rate of 6.4 percent ad valorem under the United States-Canada Free Trade Agreement if all applicable regulations are met. Swimwear classified in this tariff provision is subject to 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,

Harvey B. Fox

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