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NY K80602




November 12, 2003

CLA-2-62:RR:NC:WA:355 K80602

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Mr. Patrick Pascarella
Viking Sea/Air Freight, Inc.
486 Sunrise Highway
Rockville, Centre, NY 11570

RE: The tariff classification of men’s woven shorts from China

Dear Mr. Pascarella:

In your letter dated November 5, 2003 you requested a classification ruling on behalf of Presidio International, Inc.

Samples of the garments, identified as styles K6sw400pa, K6sw401pa and K6sw800pa, were received. All of the garments are made of 100% nylon woven fabric. Style K6sw400pa has a drawcord threaded through the length of the waistband, a zippered pocket on the front of the right leg, and a front fly which has hook and loop fabric tape to serve as a means of closing the front. Style K6sw401pa has a front fly opening secured with hook and loop fabric tape and a back pocket with a flap and two small woven holes for drainage. Style K6sw800pa has a slightly elasticized waistband through which a functional drawcord is threaded, a back pocket with a zipper and no means of drainage, a fake front fly and side vents. Styles K6sw400pa and K6sw401pa are of a length common to garments known as board shorts. Style K6sw800pa has a body silhouette similar to that of running shorts. In your letter you referred to the garments as swimwear.

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 all of the styles do not meet the second requirement of Hampco; that is, there is no lightweight interior liner.

The applicable subheading for styles K6sw400pa, K6sw401pa and K6sw800pa 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.

Styles K6sw400pa, K6sw401pa and K6sw800pa fall within textile category designation 647. 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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