HQ 087645: Boys' Swim Trunks

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 087645
                        October 1, 1990



CLA-2  CO:R:C:G  087645  JS

CATEGORY:  Classification

TARIFF NO.:  6211.11.1020

James F. O'Hara
Stein Shostak Shostak & O'Hara
Suite 1240
3580 Wilshire Boulevard
Los Angeles, CA 90010-2597

RE:  Boys' Swim Trunks

Dear Mr. O'Hara:

     This is reference to your letter of June 22, 1990, on behalf
of Columbia Sportswear Company, requesting classification of
boys' swim trunks under the Harmonized Tariff Schedule of the
United States Annotated ("HTSUSA").

FACTS:

     The sample you submitted is a pair of boys' swim trunks,
style WY8680, size M.  The shell fabric is made of 100 percent
nylon and the inner lining is constructed of a lightweight
polyester knit fabric.  The shorts have a 2 1/2 inch inseam and a
two inch reinforced slit on either side of the lower extensions.
Two side pockets and a back pocket with a button flap are sewn
into the shorts, and the elasticized waistband accommodates a
pull string for secure fit.

     You state that the garment is offered and sold by your
client as children's wear, without distinction as to the sex of
the wearer, and that the garment is actually worn by both sexes.
As such, you seek classification of this merchandise as unisex
swimwear.

ISSUE:

     What is the proper classification of boys' swim trunks under
the 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 determined
according to the terms of the headings and any relevant section
or chapter notes.

     Heading 6211, HTSUSA, provides for track suits, ski suits
and swimwear.  The U.S. Court of International Trade in Hampco
Apparel, Inc. v. United States, Slip Op. 88-12, presented two
criterion - weight and absorbency - to distinguish swimwear from
shorts.  In essence, lightweight, non-absorbent fabrics are
typically used in swimwear, whereas heavy, absorbent materials
are characteristic of shorts.  In addition, the existence of
elastic drawstring waistbands, support linings and side vents are
characteristics common to swimwear for men or boys.  This
merchandise, having all of the above features, is properly
classified under heading 6211.

     Although such garments may be worn by girls in some cases,
classification as boys' swimwear is directed by Chapter Note 8,
which states that only articles of this chapter which cannot be
identified as either men's or boys' garments or women's or girls'
garments must be classified in headings covering women's or
girls' garments (emphasis added).  In this case, the garment is
readily identifiable as boys' wear, and has been manufactured in
the style common to the men's swimwear industry.

HOLDING:

     The swim trunks at issue are properly classified under
subheading 6211.11.1020, HTSUSA, which provides for track suits,
ski-suits and swimwear; other garments: swimwear: men's or boys':
of man-made fibers, boys', textile category 659, and dutiable at
a rate of 29.6 percent ad valorem.

   The designated textile and apparel category may be subdivided
into parts.  If so, the 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 your client 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 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, your client should contact its
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 Operations Division