HQ 081969: Tariff classification of certain men's cotton 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 081969

                                   April 29, 1988


          CLA-2:CO:R:C:G  081969  PAM  828414

          CATEGORY:   Classification

          TARIFF NO.:  6211.11.2010

          Mr. Sirfraz Khan
          Bombay Industries, Inc.
          65 West 55th Street, Suite 11A
          New York, New York 10019

          RE:           Tariff classification of certain men's cotton
                        swimwear

          Dear Mr. Sirfraz Khan:

              This is in response to your letter of February 10, 1988, in
          which you request a tariff classification ruling on certain men's
          cotton swimwear from India.

          ISSUE:

              Is the sample garment classified as swimwear or shorts for
          tariff purposes?

          FACTS:

              One sample garment (style 5001/S) was submitted for our
          analysis.  The sample garment consists of a 100 percent woven
          cotton shell with an elastic waistband through which a drawstring
          is threaded, a knitted liner of man-made fiber, and two side seam
          pockets.

          LAW AND ANALYSIS:

              A recent court opinion defined swimwear as a garment which
          has an elasticized waistband with a drawstring, and a liner of
          nylon tricot, designed and used for swimming.  Hampco Apparel,
          Inc. v. United States, Slip Op. 88-12 (Ct. Int'l Trade, decided
          January 28, 1988).  In Headquarters Ruling Letter 081447 of March
          21, 1988, we determined that garments similar to those discussed
          in Hampco which are designed and constructed for swimming and
          possess both an elasticized waistband through which a drawstring
















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          is threaded and a lightweight nylon tricot liner will be treated
          as swimwear for tariff purposes.  We decide whether or not a gar-
          ment is designed and constructed for swimming from the appearance
          of that garment.  If Customs is unable to determine whether a
          garment is designed and constructed for swimming from its appear-
          ance, evidence of the way in which a garment has been designed,
          manufactured, marketed, or advertised, the way in which a man-
          ufacturer or importer intended a garment to be used, and the way
          in which a garment is chiefly used will be considered in order to
          facilitate our inquiry into the primary function of that garment.

              In this instance, the sample meets all of the requirements
          enunciated in Hampco, and must be classified as swimwear.  The
          appearance of this garment indicates that it is designed and con-
          structed for swimming, and the requisite physical characteristics
          are also present.

          CONCLUSION:

              For the reasons stated above, style 5001/S is classified un-
          der subheading 6211.11.2010 of the HTSUSA, which provide for
          men's swimwear, of cotton, dutiable at the rate of 8 percent ad
          valorem, with textile and apparel category 359.  This classifica-
          tion represents the present position of the Customs Service re-
          garding the dutiable status of the merchandise under the proposed
          HTSUSA.  If there are changes before enactment this advice may
          not continue to be applicable.

              The applicable item number from the Tariff Schedules of the
          United States Annotated for this garment is the provision for
          men's or boys' wearing apparel, not ornamented, of cotton, in
          item 381.6585, dutiable at the rate of 8 percent ad valorem.
          Textile and apparel category 359 applies to merchandise covered
          by this item number.

                                            Sincerely,




                                            John Durant
                                            Acting Director
                                            Commercial Rulings Division




















          6cc:  Area Director, New York Seaport
          1cc:  Area Director, Newark
          1cc:  Department of Commerce
          1cc:  John Durant
          PAMartin: