HQ 087322: 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 087322

                         August 8, 1990



CLA-2 CO:R:C:G 087322 CRS

CATEGORY:  Classification

TARIFF NO.:  6211.11.2010

Ms. Sandra R. Snider
Manager
Clear Freight
P.O. Box 280665
San Francisco, CA 94128

RE:  Men's Swimwear

Dear Ms. Snider:

     This is in reply to your letter of April 26, 1990, in which
you requested a classification ruling under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) concerning men's
swim shorts.  A sample was provided.

FACTS:

     The merchandise at issue consists of men's swimshorts, style
no. 4024.  The shorts are 100 percent cotton, with a 100 percent
cotton lining, elasticized waist and drawstring and have two side
pockets and one hip pocket.  The shorts will be manufactured in
China and Hong Kong and will be imported through the ports of Los
Angeles and San Francisco.

ISSUE:

     Whether the article in question is classifiable as shorts or
as swimwear.

LAW AND ANALYSIS:

     Heading 6211, HTSUSA, provides, inter alia, for swimwear.
The Notes to Chapter 62, HTSUSA, as well as the Harmonized
Commodity Description and Coding System, Explanatory Notes, are
silent as to what constitutes swimwear.

     However, the Guidelines for the Reporting of Imported
Products in Various Textile and Apparel Categories (Textile
Guidelines), 53 FR 52563, 52569 (December 28, 1988), distinguish
shorts from swimwear.

     Garments commercially known as jogging or athletic shorts
     are normally loose-fitting short pants usually extending
     from the waist to the upper thigh and usually have an
     elastic waistband.  They may resemble swim trunks for men,
     boys or male infants, which are not included in this
     category.  Swim trunks will usually have an elasticized
     waist with a drawstring and a full lightweight support
     liner.  Garments which cannot be recognized as swim trunks
     will be considered shorts.

     In Hampco Apparel, Inc. v. United States, Slip Op. 88-12
(decided January 28, 1988), the issue was whether a pair of 100
percent cotton twill boxer-style shorts with a nylon liner,
elasticized waist and drawstring was classifiable under the
Tariff Schedules of the United States Annotated (TSUSA) as shorts
or as swimwear.  Citing the Textile Guidelines then applicable
under the TSUSA, the pertinent language of which was the same as
the HTSUSA version quoted above, the Court defined swimwear as
those garments which have an elasticized waistband through which
a drawstring is threaded, a lightweight tricot liner, and are
designed and constructed for swimming.  On this basis the Court
held that the garment before it was properly classifiable as
swimwear.

     In Headquarters Ruling Letter (HRL) 081447 dated March 21,
1988, and most recently, in HRL 087264 dated June 13, 1990, and
HRL 087357 dated June 25, 1990, similar garments have been
classified as swimwear rather than as shorts.  In accordance with
Hampco and the Textile Guidelines, and consistent with agency
practice, the garment in question is classifiable as swimwear.

HOLDING:

     The garment in question is classifiable in subheading
6211.11.2010, HTSUSA, under the provision for track suits, ski-
suits and swimwear; other garments: swimwear: men's or boys':
other, of cotton: men's.  The article is dutiable at 8 percent ad
valorem and is subject to quota 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
(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