HQ 950501: Shorts; swimwear; Hampco; design; construction; tag; draw-string; waistband; catalog; logo; advertising; volleyball

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 950501

                        December 17, 1991


CLA-2 CO:R:C:T  950501  HP

CATEGORY:  Classification

TARIFF NO.:  6211.11.1020

Ms. Christy Miller
Customs Administrator
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE:   Shorts; swimwear; Hampco; design;  construction; tag; draw-
string; waistband; catalog; logo; advertising; volleyball

Dear Ms. Miller:

     This is in  reply to your  letter of September 17,  1991, to
our  New York Seaport office.   That letter  concerned the tariff
classification,  under  the  Harmonized  Tariff Schedule  of  the
United States  Annotated (HTSUSA),  of shorts, produced  in Thai-
land.

FACTS:

     The merchandise at  issue consists of  four styles of  boy's
shorts,  nos. 460165, 460105, 460112 and 460133.  Each sample has
a  woven nylon shell  and a knit  liner of 65%  polyester and 35%
cotton.  Each sample has a fully elasticized waist with function-
al  drawstring, and  a Nike   logo embroidered  on the  left leg.
Styles 460165 and 460105  have front slash patch pockets  and one
rear patch pocket with a Velcro -like closure.  Styles 460112 and
460133 have side  seam patch pockets.   The styles are listed  in
the Nike  kids 1992 spring catalog.

ISSUE:

     Whether the  instant merchandise is  considered swimwear  or
active wear under the HTSUSA?

                           Page 2 of 3

LAW AND ANALYSIS:

     Heading 6211,  HTSUSA, provides  for, inter alia,  men's and
boys' swimwear.  The Explanatory Notes (EN) to the HTSUSA consti-
tute the official  interpretation of the  tariff at the  interna-
tional level.  While  not legally binding, they do  represent the
considered  views of  classification  experts  of the  Harmonized
System  Committee.   It has  therefore been  the practice  of the
Customs Service  to follow, whenever  possible, the terms  of the
Explanatory  Notes  when interpreting  the  HTSUSA.    The EN  to
heading 6112,  which applies, mutatis mutandis,  to heading 6211,
describes swimwear  as "(...one-piece  or two-piece  bathing cos-
tumes, swimming shorts and trunks, whether or not elastic)."  The
instant merchandise seems to meet this broad definition.

     In Hampco  Apparel, Inc.  v. United  States, Slip  Op. 88-12
(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 materi-
          al, 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.  We therefore must decide if they are
"designed and constructed for swimming."

     In 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.

     In  HRL 950602  of December  3, 1991, we  classified similar
shorts as active  wear shorts  for uses other  than swimwear,  as
indicated by the embroidered  sports logos (tennis balls, basket-
balls, Michael Jordan), the attached hang tags describing some of
the shorts as "fitness" apparel, and the placement of some of the
garments  with clearly  sports-oriented  outerwear  in your  1992
sales representatives  sizing, policy and procedures  manual.  In
the instant  matter, the shorts have  no specific sports-oriented
logos.  The hang tags do not aid us in determining marketing, and
you have asked us to confirm a classification as swimwear.

     It is our opinion the garments  are properly classifiable as
swimwear.   There exists no evidence that the shorts are intended
to  be used or  sold for anything  other than swimwear.   See HRL
086436 of May 3, 1990 (volleyball shorts).  Based upon the Hampco
decision, supra,  the instant shorts are  correctly classified as
swimwear.

                           Page 3 of 3

HOLDING:

     As a  result of  the foregoing,  the instant  merchandise is
classified under subheading 6211.11.1020, HTSUSA, textile catego-
ry (659), as track suits, ski-suits and swimwear, other garments,
swimwear,  men's or boys', of man-made fibers, boys'.  The appli-
cable rate of duty is 29.6 percent ad valorem.

     The designated textile and apparel category may be subdivid-
ed 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 negotiations 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.

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

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed  without a copy, this ruling  should be
brought  to the  attention of  the Customs  officer  handling the
transaction.


                            Sincerely,





                      John Durant, Director
                   Commercial Rulings Division