HQ 081589: 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 081589

                                   April 29, 1988


          CLA-2:CO:R:C:G  081589  PAM  826773

          CATEGORY:   Classification

          TARIFF NO.:  6211.11.2010


          Mr. Walter T. Brown
          Toyomenka (America) Inc.
          1285 Avenue of the Americas
          New York, New York 10019

          RE:           Tariff classification of certain men's cotton
                        swimwear

          Dear Mr. Brown:

              This is in response to your letter of December 1, 1987, in
          which you request a tariff classification ruling on certain men's
          cotton swimwear from Taiwan.

          ISSUE:

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

          FACTS:

              One sample garment (style #87-11) was submitted for our
          analysis.  The sample garment consists of a 100 percent woven
          cotton shell with an elastic waistband through which a drawstring
          is threaded, a knitted liner of man-made fiber, two side seam in-
          serted pockets, and one rear inserted pocket that is fully se-
          cured by a zipper closure.

          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. United States, 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















                                         -2-

          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 gar-
          ment is designed 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 appear-
          ance, evidence of the way in which a garment has been designed,
          manufactured, marketed, or advertised, the way in which a man-
          ufacturer 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 also present.

          CONCLUSION:

              For the reasons stated above, style #87AS6403 is 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 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.

              Your sample is being returned under separate cover.

                                            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: