HQ 081508: Tariff classification of certain men's polyester 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 081508

                                   April 11, 1988


          CLA-2:CO:R:C:G  081508  PAM  826195

          CATEGORY:   Classification

          TARIFF NO.:  6211.11.2010

          Ms. Susan Law
          Production Manager
          Arena
          5181 Argosy Drive
          Post Office Box 2466
          Huntington Beach, CA 92649

          RE:           Tariff classification of certain men's polyester
                        swimwear

          Dear Ms. Law:

              This is in response to your letter of January 4, 1988, in
          which you request a classification ruling on certain men's
          swimwear from Taiwan.  Our ruling on this merchandise follows.

          ISSUE:

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

          FACTS:

              This sample (style HB-6924) consists of a woven shell that is
          60 percent cotton and 40 percent polyester, a fully elasticized
          waistband through which a drawstring is threaded, a liner of man-
          made material and an inside coin/key pocket made from the same
          material as the liner.  Two side seam pockets adorn the front of
          this garment.  A silk screened logo depicting the words Pacific
          Waves below what appears to be a head and two arms swimming
          through some waves appears on the front left leg of this garment.

          LAW AND ANALYSIS:

              A recent court opinion defined swimwear as a garment which
          has an elasticized waistband with a drawstring, and a liner of

















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          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
          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, evi-
          dence of the way in which a garment has been designed, manufac-
          tured, 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 order to facilitate
          our inquiry into the primary function of that garment.

              In this instance, the sample meets all of the requirements
          enunciated in Hampco, and must be classified as swimwear.  The
          appearance of this garment indicates that it is designed and con-
          structed for swimming, and the requisite physical characteristics
          are present in this sample.

          CONCLUSION:

              For the reasons stated above, style HB-6924 is classified un-
          der  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 this garment is the provision
          for men's or boys' wearing apparel, not ornamented, of cotton, in
          item 381.6585, dutiable at the rate of 8 percent ad valorem.
          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
          1cc:  Department of Commerce
          1cc:  John Durant
          PAMartin: