HQ 081362: Tariff classification of certain men's cotton swimwear

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 081362

                                    April 5, 1988


          CLA-2:CO:R:C:G  081362  PAM

          CATEGORY:   Classification

          TARIFF NO.:  6211.11.2010


          Mr. Thomas R. Grahm, Esq.
          Skadden, Arps, Slate, Meagher & Flom
          1440 New York Avenue, N.W.
          Washington, D.C. 20005-2107

          RE:           Tariff classification of certain men's cotton
                        swimwear

          Dear Mr. Grahm:

              This is in response to your letter of November 25, 1987, in
          which you request a tariff classification ruling on certain men's
          cotton swimwear from Hong Kong.

          ISSUE:

              Are the sample garments classified as swimwear or shorts for
          tariff purposes.

          FACTS:

              Eight samples were submitted for classification (styles
          HG551, HG552, HG553, HG554, HG555, HG556, HG557, and HG55J1).
          Each sample garment consists of a 100 percent woven cotton shell
          with an elastic waistband through which a drawstring is threaded,
          a knitted nylon liner and two side seam inserted pockets.  Six
          styles have a rear patch pocket attached by two grommets at the
          bottom and a button top closure.  The remaining two styles have
          no back pocket.

          LAW AND ANALYSIS:

              A recent court opinion defined swimwear as a garment which
          has an elasticized waistband with a drawstring, and a liner of
          nylon tricot, designed and used for swimming.  Hampco Apparel,
          Inc. v. U.S., Slip Op. 88-12 (Ct. Int'l Trade decided January 28,
          1988).  In Headquarters Ruling Letter 081447 of March 21, 1988,
          we determined that garments similar to those discussed in Hampco














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          which are designed and constructed for swimming and possess both
          an elasticized waistband through which a drawstring is threaded
          and a lightweight nylon tricot liner will be treated as swimwear
          for tariff purposes.  We decide whether or not a garment is de-
          signed and constructed for swimming from the appearance of that
          garment.  If Customs is unable to determine whether a garment is
          designed and constructed for swimming from its appearance,
          evidence of the way in which a garment has been designed,
          manufactured, marketed, or advertised, the way in which a
          manufacturer or importer intended a garment to be used, and the
          way in which a garment is chiefly used will be considered in or-
          der to facilitate our inquiry into the primary function of that
          garment.

              In this instance, the samples meet all of the requirements
          enunciated in Hampco, and must be classified as swimwear.  The
          appearance of these garments indicates that they are designed and
          constructed for swimming, and the requisite physical characteris-
          tics are present in every sample.

          CONCLUSION:

              For the reasons stated above, styles HG551, HG552, HG553,
          HG554, HG555, HG556, HG557, and HG55J1 are all classified under
          Subheading 6211.11.2010 of the HTSUSA, which provide for men's
          swimwear, of cotton, dutiable at the rate of 8 percent ad
          valorem, with textile and apparel category 359.  This classifica-
          tion represents the present position of the Customs Service re-
          garding the dutiable status of the merchandise under the proposed
          HTSUSA.  If there are changes before enactment this advice may
          not continue to be applicable.

              The applicable item number from the Tariff Schedules of the
          United States Annotated (TSUSA) for these garments is the provi-
          sion for men's or boys' wearing apparel, not ornamented, of cot-
          ton, in item 381.6585, dutiable at the rate of 8 percent ad valo-
          rem.  Textile and apparel category 359 applies to merchandise
          covered by this item number.

                                            Sincerely,




                                            John Durant
                                            Acting Director
                                            Commercial Rulings Division

















          6cc:  Area Director, New York Seaport
          1cc:  Area Director, Newark
          2cc:  Chief, CIE
          1cc:  Department of Commerce
          1cc:  John Durant
          PAMartin: