HQ 086143: Classification of men's 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 086143

                                     March 2, 1990



            CLA-2 CO:R:C:G  086143 DRR

            CATEGORY:  Classification

            TARIFF NO.:  6112.39.0010

            Mr. Duncan A. Nixon
            Sharretts, Paley, Carter & Blauvelt, P.C.
            67 Broad Street
            New York, New York 10004

            Re:  Classification of men's swimwear

            Dear Mr. Nixon:

                 This is in response to your letter dated November 8, 1989,
            on behalf of Sutton and Sutton, Ltd., requesting the
            classification of men's swim trunks under the Harmonized Tariff
            Schedule of the United States Annotated (HTSUSA).

            FACTS:

                 The merchandise at issue consists of a pair of men's swim
            trunks made of 100 percent cotton knit fabric.  The garment has
            a fully elasticized waist with a drawstring, a full inner pant
            made of nylon, two side pockets, and two back pockets with
            velcro-like closures and grommet type holes.  Your letter
            indicates that you believe that the garment is classifiable as
            swim trunks under subheading 6112.39.0010, HTSUSA.

            ISSUE:

                 Whether the garment at issue is classifiable under
            subheading 6112.39.0010, HTSUSA.

            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall be
            according to the terms of the headings and any relative section
            or chapter notes.  Subheading 6112.39.0010, HTSUSA, provides
            for track suits, ski-suits and swimwear, knitted or crocheted,
            men's or boy's swimwear, of other textile materials, of cotton.














                                          -2-


                 The garment at issue has the appropriate features of swim
            wear, i.e., an elasticized waist with a drawstring and a lining
            and is therefore classifiable as swimwear.

            HOLDING:

                 The swim trunks at issue are classified under subheading
            6112.39.0010, HTSUSA, with a duty rate of 14 percent ad
            valorem, and are subject to textile category 359.

                 The designated textile and apparel category may be
            subdivided into parts.  If so, visa and quota requirements
            applicable to the subject merchandise may be affected.  Since
            part categories are the result of international bilateral
            agreements which are subject to frequent renegotiations and
            changes, to obtain the most current information available, we
            suggest that you check, close to the time of shipment, the
            Status Report On Current Import Quotas (Restraint Levels), an
            internal issuance of the U.S. Customs Service, which is
            available for inspection at your local Customs office.

                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, you should contact your local Customs office prior
            to importation of this merchandise to determine the current
            status of any import restraints or requirements.

                 Your sample is being returned to you, as requested.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division

























            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            086143