us-cbp-cross-rulings-hq-081968•HQ 081968: Tariff classification of certain men's swimwear
HQ 081968: Tariff classification of certain men's swimwear
us-cbp-cross-rulings-hq-081968HQ 081968: Tariff classification of certain men's swimwearGuidance
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 081968
May 4, 1988
CLA-2:CO:R:C:G 081968 PAM 827149
CATEGORY: Classification
TARIFF NO.: 6211.11.2010
Mr. Shimon Hedvat
Jon Lauren Apparel, Inc.
1 Eagle Road
Marlboro, New Jersey 07746
RE: Tariff classification of certain men's swimwear
Dear Mr. Hedvat:
This is in response to your letter of December 16, 1987, in
which you request a tariff classification ruling on certain men's
swimwear from an unspecified country of origin.
ISSUE:
Is the sample garment classified as swimwear or shorts for
tariff purposes?
FACTS:
One sample garment was submitted for our analysis. The shell
of this garment is a blend consisting of 55 percent cotton and 45
percent polyester material. It has an elastic waistband through
which a drawstring is threaded, a knitted liner of man-made
fiber, and two inserted patch pockets with openings on each side
seam. This garment has a rear inserted pocket that is equipped
with a flap and secured by means of a Velcro closure. Two front
seams are located midway between the side seams and middle seam
of this sample.
Your letter indicates that the two side pockets and two of
the front seams will be dispensed with in the final design of
this garment. You also state that the rear flap can be secured
by a larger Velcro strip, if such a design change will effect the
classification of this garment. In our opinion, none of the pro-
posed changes will in any way effect the classification of this
garment as swimwear.
LAW AND ANALYSIS:
A recent court opinion defined swimwear as a garment which
has an elasticized waistband with a drawstring, and a liner of
-2-
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
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, this garment is classified un-
der subheading 6211.11.2010 of the HTSUSA, which provide for
men's swimwear, of cotton, with textile and apparel category 359.
Assuming column one rates apply, this swimwear is dutiable at 8
percent ad valorem. This classification represents the present
position of the Customs Service regarding 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, assuming column one rates apply, 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
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