HQ 086436: Classification of men's woven nylon volleyball 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 086436


                                      May 3, 1990

            CLA-2 CO:R:C:G  086436 JLJ

            CATEGORY: Classification

            TARIFF NO.: 6203.43.40

            Ms. Chris Andrews
            Reebok International Ltd.
            100 Technology Center Drive
            Stoughton, Massachusetts 02072

            RE: Classification of men's woven nylon volleyball shorts

            Dear Ms. Andrews:

                 In your letter of January 10, 1989, you submitted a sample
            of men's volleyball shorts imported from Taiwan, and you
            requested a tariff classification for these shorts under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA) on behalf of your client, Reebok International Ltd.

            FACTS:

                 You describe the instant merchandise as 100 percent nylon
            woven volleyball shorts.  The sample has an elasticized
            waistband, a functional drawstring, a nylon full support liner,
            two side seam pockets and a rear pocket.  The left leg bears an
            embroidered logo of a volleyball partly circled by a ribbon
            with the word "Reebok" on it.

                 You refer to these shorts as Reebok volleyball shorts.
            There is a tag attached to them which describes the shorts as
            "volleyball apparel."  You state that the sample is used to
            play volleyball and beach volleyball and to swim.  You contend
            that the shorts have the characteristics of swimwear and
            therefore should be classified under the provision for
            swimwear: men's or boys': of man-made fibers: men's, in
            subheading 6211.11.1010, HTSUSA.





















                                          -2-


            ISSUE:

                 Are the instant shorts classified as swimwear in
            subheading 6211.11.1010, HTSUSA, or under the provision for
            men's shorts (other than swimwear): shorts: of synthetic
            fibers: other: other: other: other: other: shorts: men's, in
            subheading 6203.43.4030, HTSUSA?

            LAW AND ANALYSIS:

                 In Hampco Apparel, Inc.v. United States, Slip Op. 88-12
            (decided January 28, 1988), the Court of International Trade
            stated that three factors must be present if a garment is to
            be considered swimwear for tariff purposes:

                      (1)  The garment has an elasticized
                           waistband through which a drawstring
                           is threaded,

                      (2)  the garment has an inner lining
                           of lightweight material, and

                      (3)  the garment is designed and constructed
                           for swimming.

                 The instant shorts have the first two factors listed
            above.  They could be used for swimming.  It remains to be
            determined whether the third factor is present or not.

                 In Customs Headquarters Ruling Letter (HRL) 081447 of
            March 21, 1988, we stated that, in order to determine whether
            a garment is designed and constructed for swimming, we would
            first look at the appearance of the garment.  If the appearance
            is inconclusive, as in the instant shorts, evidence of the way
            in which the garment has been designed, manufactured, marketed
            or advertised, the way in which the manufacturer or importer
            intends the garment to be used, and the way in which a garment
            is chiefly used will be considered as evidence of the design
            and construction of the garment.

                 The instant shorts are clearly designed and constructed
            as volleyball shorts, as indicated by the embroidered
            volleyball logo, the tag describing the shorts as "volleyball
            apparel," and your statement that they are used to play
            volleyball and beach volleyball.
















                                          -3-


            HOLDING:

                 The instant woven nylon volleyball shorts are classified
            under the provision for men's shorts in subheading
            6203.43.4030, HTSUSA, dutiable at the rate of 29.7 percent
            ad valorem.  The textile category is 647.

                 Due to the changeable nature of the statistical annotation
            (the ninth and tenth digits of the tariff number) 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.

                 The designated textile and apparel category may be
            suvdivided 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
            issuance of the U.S. Customs Service, which is updated weekly
            and is available at your local Customs office.

                                        Sincerely,




                                        Jerry Laderberg
                                        Acting Director
                                        Commerial Rulings Division




























            6cc: Area Dir., N.Y. Seaport (NIS-355)
            1cc: D.D., Boston, Mass.
            hensley library
            086436JLJ