HQ 083637: Classification of men's 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 083637

                                 April 21, 1989


      CLA-2 CO:R:C:G  083637  CMR  836147

      CATEGORY: Classification

      TARIFF NO.: 6211.11.2010

      Mr. Alan Rosenwasser
      Director of Manufacturing
      World Island
      358 Fifth Avenue
      New York, New York  10001

      RE: Classification of men's shorts

      Dear Mr. Rosenwasser:

           This ruling is in response to your letter of January 24, 1989,
      requesting the classification of men's shorts made in Hong Kong.

      FACTS:

           The submitted sample of men's shorts, style WIB-35 (styles 1705-
      1708D), consists of a woven cotton shell with a knit tricot full
      support liner.  The sample has a fully elasticized waist, a
      functional drawstring, a fly front with a zipper closure and a button
      closure on the waistband.  It has two quarter top side pockets and a
      rear patch pocket.  The garment has an outer seam of 19 1/2 inches
      and rolled up cuffs of approximately 1 1/4 inches.

      ISSUE:

           Is the submitted sample classifiable as men's shorts or as men's
      swimwear?

      LAW AND ANALYSIS:

           The Court of International Trade in Hampco Apparel, Inc. v.
      United States, Slip Op. 88-12 (decided January 28, 1988) set forth
      the criteria for determining whether a garment is within the purview
      of swimwear.  The Court directed that we look to the following
      criteria:

           (1) whether the garment has a (sic) elasticized waistband
               through which a drawstring is threaded;















                                       -2-


           (2) whether the garment has an inner lining of lightweight
               material, namely, nylon tricot; and

           (3) whether the garment was designed and constructed for
               swimming.

      In concluding that the garment should be classified as swimwear, the
      court stated: "If all of the above are present, the garment is
      swimwear."  Id.

           In HRL 081447 of March 21, 1988, issued subsequent to Hampco,
      it was stated that, in the future, when classifying garments of
      boxer-style with outer shells of woven construction,

           Customs will treat as swimwear all garments that are designed
           and constructed for swimming and possess both an elasticized
           waistband through which a drawstring is threaded and a
           lightweight nylon tricot liner.  We will determine whether a
           garment is designed and constructed for swimming from the
           appearance of that garment.  [Citation to Hampco].

           The design and construction of the garment at issue meet the
      criteria set forth by the court in Hampco.  The garment is a boxer-
      style with an outer shell of woven cotton.  It possesses both an
      elasticized waistband through which a drawstring is threaded and an
      inner lining of lightweight material.  From the appearance of the
      garment we conclude that it is indeed designed and constructed for
      swimming.  Classification of this garment as swimwear is in accord
      with Hampco and the position we adopted in HRL 081447.

      HOLDING:

           The submitted sample is classifiable under subheading
      6211.11.2010, HTSUSA, which provides for men's swimwear, of cotton,
      dutiable at the rate of 8 percent ad valorem.  The applicable textile
      category is 359.

           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 importation of this merchandise to determine the current
      status of any import restraints or requirements.


                                            Sincerely,



                                            John Durant, Director
                                            Commercial Rulings Division











      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins