HQ 087164: Classification of men's and boys' swimwear from Taiwan

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 087164

                                     May 22, 1990




            CLA-2 CO:R:C:G  087164 DRR

            CATEGORY:  Classification

            TARIFF NO.:  6211.11.2010; 6211.11.2020

            Mr. Michael Toole
            ETA Import & Export Ltd.
            248-06 Rockaway Blvd. Suite 286
            Jamaica, New York 11422

            Re:  Classification of men's and boys' swimwear from Taiwan

            Dear Mr. Toole:

                 This is in response to your letter dated April 16, 1990,
            requesting, on behalf of M. Hidary & Co., Inc.,  the
            classification of men's and boys' swim trunks under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue is represented by a pair of men's
            swim trunks, style Nos. 6001 to 6004, made of 100 percent woven
            cotton denim fabric.  The garment has a fully elasticized waist
            with a drawstring, a full inner liner made of nylon, two
            quarter top front pockets and a rear pocket with a partial hook
            and loop closure.  The garment has a fly front with a hook and
            loop closure.  The fly does not break the waistband.  The legs
            of the garment are hemmed at the bottom.

            ISSUE:

                 Whether the garments at issue are classifiable under
            subheading 6211.11.2010, HTSUSA and subheading 6211.11.2020,
            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.  Heading 6211, HTSUSA, provides for track
            suits, ski-suits and swimwear.











                                          -2-


                 The garment at issue has the appropriate features of swim
            wear, i.e., it has an elasticized waist with a drawstring, a
            full inner lining and is designed and constructed for swimming.
            It is therefore classifiable as swimwear.

            HOLDING:

                 The swim trunks in men's sizes are classified under
            subheading 6211.11.2010, HTSUSA, as track suits, ski-suits and
            swimwear;  other garments, swimwear, men's or boy's, other, of
            cotton, men's.  The swim trunks in boys' sizes are classified
            under subheading 6211.11.2020, HTSUSA, as track suits, ski-
            suits and swimwear;  other garments, swimwear, men's or boy's,
            other, of cotton, boys'.  Both the men's and boys' swimwear at
            issue are subject to a duty rate of 8 percent ad valorem, and
            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.

                                        Sincerely,




                                        John Durant,
                                        Director
                                        Commercial Rulings Division



















            6 cc: Area Dir., N.Y. Seaport
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