HQ 084023: Classification of men's swim shorts

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 084023

                          JUNE 26, 1989



CLA-2 CO:R:C:G  084023  PR;  NY 837544 and 837798

CATEGORY:  Classification

TARIFF NO.:  6211.11.2010

Mr. Silvio Bercovici, President
Patrician Imports, Inc.
390 Fifth Avenue, suite 701A
New York, New York 10018

RE:  Classification of men's swim shorts

Dear Mr. Bercovici:

     This ruling is in response to your to letters of February
28, 1989, concerning the tariff status of two sample garments
produced in China.

FACTS:

     Two samples were submitted--styles 228A and 228C.  Each is a
man's shorts, with a shell of medium weight woven cotton fabric.
Each has a full knit nylon tricot support liner; side seam
pockets; a rear patch pocket with an unsecured opening; an
elasticized waist with a functional drawstring; and a fly opening
(one with a fabric closure and the other with a zipper closure).
On the garments with the zipper fly, the elasticized waistband is
continuous (unbroken) while on the other garment the fly front
extends through the waistband.  Both garments are labelled to be
a size medium and have an outer seam length of approximately 18-
1/2 inches.

ISSUE:

     The issue presented is whether the submitted samples are
classifiable as shorts or as swim wear.

LAW AND ANALYSIS:

     The United States Court of International Trade has held that
"swimwear [sic] is defined 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. United
States, Slip Op. 88-12, at page 4 (decided January 28, 1988).
The garment before the court was a pair of boxer-style shorts
with a woven cotton shell, a full elasticized waistband, side
seam pockets, and a rear pocket secured with a flap and snap
closure.  In that case the court ruled that the garment before it
was properly classified as swim wear.

     In accordance with the decision in Hampco, as interpreted by
our ruling of March 21, 1988, file 081447, we conclude that both
sample garments are classifiable as swim wear.

HOLDING:

     Both sample garments are classifiable under the provision
for other men's woven cotton swim wear, in Subheading
6211.11.2010, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), with duty, as product of China, at the rate
of 8 percent ad valorem.  Textile and apparel restraint category
359 is currently applicable to merchandise classifiable in that
subheading.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importing the merchandise to determine
the current applicability of any import restraints or
requirements.
                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division