HQ 081185: 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 081185

                                    April 5, 1988


          CLA-2:CO:R:C:G  081185  PAM  824428

          CATEGORY:   Classification

          TARIFF NO.:  6211.11.2010


          Mr. Parker
          Parker Enterprises
          47-281B Hui Iwa Street
          Kaneohe, HI, 96744


          RE:           Tariff classification of certain men's cotton
                        swimwear

          Dear Mr. Parker:

              This is in response to your letter of October 15, 1987, in
          which you requested a classification ruling on men's swimwear
          from Taiwan.  Your request has been forwarded to Headquarters for
          disposition.  Our ruling on the classification of this merchan-
          dise follows.

          ISSUE:

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

          FACTS:

              One sample accompanied this ruling request.  The sample is
          composed of the following features: a woven shell that is 100
          percent cotton, a fully elasticized waistband with functional
          drawstring, a liner of man-made material and an inside coin/key
          pocket made from the same material as the liner.  Two inserted
          side seam pockets and a partially secured rear pocket also adorn
          this sample.  The inserted pockets are constructed partially from
          man-made mesh material and partially from the same material as
          the shell of the garment.  The rear pocket is partially secured
          with a Velcro closure.


















                                         -2-

          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
          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 sample met all of the requirements
          enunciated in Hampco, and must be classified as swimwear.  The
          fact that this garment is equipped with two side seam pockets and
          a partially secured rear pocket will not affect its classifica-
          tion.  The appearance of this garment indicates that it is de-
          signed and constructed for swimming.  In our opinion, the requi-
          site physical characteristics, enunciated by the Court of
          International Trade in Hampco, are present in this sample.

          CONCLUSION:

              For the reasons stated above, this garment is classified un-
          der Subheading 6211.11.2010 of the HTSUSA, which provides 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.





















                                         -3-

              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
          2cc:  Chief, CIE
          1cc:  Department of Commerce
          1cc:  John Durant
          PAMartin: