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HQ 087264

June 13, 1990

CLA-2 CO:R:C:G 087264 CB


TARIFF NO.: 6211.11.2010

Mr. Luigi Galella
Lucano Trading, Inc.
350 Fifth Avenue
Suite 724
New York, New York 10118

RE: Classification of men's woven swim shorts

Dear Mr. Galella:

This is in reply to your letter of May 10, 1990, in which you requested a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for certain men's swim shorts.


A sample was submitted with your request. The merchandise at issue is a pair of woven swimtrunks for men with a shell of medium weight cotton fabric and a knit nylon tricot liner. The rear portion of the waistband is elasticized; the front portion is non-elasticized. The waistband is encircled by belt loops and has a functional drawstring. It has a fly front with a zipper closure and a button closure on the waistband. The sample has two side seam pockets and a flapped rear pocket having a hook and loop closure. The outer seam length is 18 inches long.


Whether the merchandise at issue is classifiable as shorts or swimwear under the HTSUSA?


Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI's) 1 through 6. The systematic detail of the HTSUSA is such that virtually all goods are classified by application of GRI 1, that
is, according to the terms of the headings of the tariff schedule and any relevant section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

In Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (decided January 28, 1988), the United States Court of International Trade addressed the issue of whether to classify garments as shorts or swimwear. The decision set out the criteria to be followed in the classification of swimwear. It defined swimwear as those garments which have an elasticized waistband through which a drawstring is threaded, and have a lightweight tricot liner, and are designed and constructed for swimming. The garment before the court was a pair of boxer-style shorts with a woven cotton shell, a full elasticized waistband, side seam pockets, and a rear pocket secured with a flap and snap closure. In that case the court ruled that the garment before it was properly classified as swim wear.

In accordance with the decision in Hampco, as interpreted by Customs ruling of March 21, 1988, HRL 081447, we conclude that the sample garment is classifiable as swim wear.


The sample garment is classifiable in subheading 6211.11.2010, HTSUSA, which provides for track suits, ski-suits and swimwear; other garments: swimwear: men's or boys': other, of cotton: men's. The rate of duty is 8 percent ad valorem and the textile category is 359.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, 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 that you 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 at your local Customs office.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


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