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NY J86108




July 24, 2003

CLA-2-62:RR:NC:WA:355 J86108

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030; 6211.11.1010

Ms. Carolyn B. Malina
Land’s End, Inc.
5 Lands’ End Lane
Dodgeville, WI 53595

RE: The tariff classification of men’s short and swimshorts from Bangladesh

Dear Ms. Malina:

In your letter dated July 10, 2003 you requested a classification ruling.

You submitted two samples of men’s shorts which you described as swim trunks. In your letter you indicate that both styles will be made of either 100% nylon or 100% polyester woven fabric. You state that both items are designed and constructed as swimwear and will be marketed as such. You submitted no evidence of this fact. Your samples will be returned as you have requested.

Style 90485 is a pair of men’s shorts that features a partially elasticized waistband (in the back of the garment); side pockets with mesh lining fabric; back patch pockets with flaps and metal grommeted drain holes; an interior knit mesh liner; and a front fly opening that is secured shut by means of hook and loop fabric tape. At the front break of the waistband are two sets of grommets through which a drawcord is laced. The drawcord does not extend through any portion of the waistband.

Style 90483 is a pair of men’s shorts that feature a partially elasticized waistband (at both sides of the garment); two side pockets with mesh lining fabric; a back patch pocket with a flap and metal grommet hoes for drainage; side cargo pockets with flaps and grommets for drainage; a zippered fly opening; and a snap at the waistband.

In Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (January 28, 1988), the Court 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

From a physical examination it is clear that style 90485 does not meet the first requirement of Hampco; that is, there is no drawstring which is threaded through the waistband.

The applicable subheading for style 90485 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% ad valorem.

The applicable subheading for style 90483 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% ad valorem.

Style 90485 falls within textile category designation 647. Style 90483 falls within textile category designation 659. Based upon international textile trade agreements products of Bangladesh are subject to quota and the requirement of a visa. Style 90485 is subject to quota and requires a visa. Style 90483 is not subject to quota but does require 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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