HQ 081622: 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 081622

                                   April 29, 1988


          CLA-2:CO:R:C:G  081622  PAM  826842

          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:

              Three samples were submitted for classification (styles FP02,
          FP04, and FP08).  Each sample garment consists of a 100 percent
          woven cotton shell with an elastic waistband through which a
          drawstring is threaded, a knitted nylon liner and two side seam
          inserted pockets.  Each sample is also ornamented with an embroi-
          dered Christian Dior logo on the left leg.  This logo consists of
          the letters "CD" made from yellow thread above a blue, white, and
          red emblem that measures 3/4" by 1/4".

          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















                                         -2-

          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 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.

          HOLDING:

              For the reasons stated above, styles FP02, FP04, and FP08 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 textile and apparel category 359.  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 these garments is the provision for
          men's or boys' wearing apparel, ornamented, of cotton, in item
          381.0890, dutiable at the rate of 14 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: