HQ 081599: 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 081599

                                   April 29, 1988


          CLA-2:CO:R:C:G  081599  PAM  826844

          CATEGORY:   Classification

          TARIFF NO.:  6211.11.2010


          Ms. Diana Incivilito
          Warnaco Sourcing
          485 7th Avenue, 14th Floor
          New York, New York 10018

          RE:           Tariff classification of certain men's cotton
                        swimwear

          Dear Ms. Incivilito:

              This is in response to your letter of December 1, 1987, in
          which you request a tariff classification ruling on certain men's
          cotton swimwear from Taiwan.

          ISSUE:

              Are the sample garments classified as swimwear or shorts for
          tariff purposes?

          FACTS:

              Five samples were submitted for classification (styles
          FP02NP, FP04NP, FP08NP, FP09NP, and FP10NP).  Each sample garment
          consists of a 100 percent woven cotton shell with an elastic
          waistband through which a drawstring is threaded, and a knitted
          nylon liner.

          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















                                         -2-

          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
          manufacturer or importer intended a garment to be used, and the
          way in which a garment is chiefly used will be considered in or-
          der to facilitate our inquiry into the primary function of that
          garment.

              In this instance, the samples meet all of the requirements
          enunciated in Hampco, and must be classified as swimwear.  The
          appearance of these garments indicates that they are designed and
          constructed for swimming, and the requisite physical characteris-
          tics are present in every sample.

          CONCLUSION:

              For the reasons stated above, styles FP02NP, FP04NP, FP08NP,
          FP09NP, and FP10NP are all classified under 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 tex-
          tile and apparel category 359.  This classification represents
          the present position of the Customs Service regarding the duti-
          able 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 these garments 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: