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NY J83500




April 29, 2003

CLA-2-62:RR:NC:WA:355 J83500

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030; 6203.43.4040; 6211.11.1010; 6211.11.1020

Ms. Joanna Huang
American Public Co., Inc.
485 7th Avenue, Suite 800
New York, NY 10018

RE: The tariff classification of men and boys’ shorts and swimwear from China

Dear Ms. Huang:

In your letter dated April 23, 2003, you requested a classification ruling.

You submitted two samples of men’s shorts and swimwear, identified as references numbers 042303A and 042303B. The sample garments are a men’s size 34 and a men’s size medium. In your letter you state that the garments will be imported in size ranges for men, sizes 30-40, boy’s sizes 8-18, and little boys’ sizes 4-7.

Reference number 042303A is made of 100 percent polyester woven shell fabric. The garment features an elasticized waistband with an interior, fully functional drawcord, a front patch pocket on the right leg with a flap closure and two metal grommets on the pocket that allows drainage, and a knit mesh liner made of polyester fabric.

Reference number 042303B is also made of woven polyester fabric for the shell with a knit mesh polyester liner. This garment features a smooth non-elastic waistband with a functional fly front which is secured shut by means of hook and loop fabric tape. The garment also features a lace-up front and a zippered back pocket with mesh fabric for the pocket lining.

In your letter you refer to both styles as swim shorts. Reference number 042303B does not meet the necessary criteria for swimwear and thus is classified as men’s or boys’ shorts. This criteria is outlined in Hampco apparel vs. United States, Slip. Op 88-12. In that decision, the Courts of International Trade stated that three factors must be present if a garment is to be considered swimwear for tariff purposes:

(1) The garment has an elasticized waistband through which a drawstring is threaded. (2) the garment has an inner lining of lightweight material, and (3) the garment is designed and constructed for swimming.

Reference number 042303B does not have an elasticized waistband with a drawcord and thus does not meet the criteria for swimwear.

The applicable subheading for number 042303B, men’s sizes 30-40 will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, shorts, men’s. The duty rate will be 28.1 percent ad valorem.

The applicable subheading for number 042303B, boys’ sizes 8-18 will be 6203.43.4040, HTS, which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, shorts, boys’, other. The duty rate will be 28.1 percent ad valorem.

The applicable subheading for number 042303A, men’s sizes 30-40 will be 6211.11.1010, HTS, which provides for track suits, ski-suits and swimwear, other garments, swimwear, men’s or boys’, of man-made fibers, men’s. The duty rate will be 28 percent ad valorem.

The applicable subheading for number 042303A, boys’ sizes 8-18, will be 6211.11.1020, HTS, which provides for track suits, ski-suits and swimwear, other garments, swimwear, men’s or boys’, of man-made fibers, boys’. The duty rate will be 28 percent ad valorem.

For the little boys’ sizes 4-7, representative samples of each style in the 4-7 size need to be submitted. You may resubmit your ruling request for those specific size ranges to National Import Specialist Bruce Kirschner.

Number 042303B, men’s and boys’, falls within textile category designation 647. Number 042303A, men’s and boys’, falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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