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HQ 088435


FEBRUARY 15, 1991

CLA-2 CO:R:C:T 088435jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.11.2010

Mr. Kevin Maher
C-Air Customhouse Brokers Inc.
153-66 Rockaway Boulevard
Jamaica, New York 11434

RE: Classification of men's swimsuit

Dear Mr. Maher:

You requested a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a men's woven cotton twill swimsuit manufactured in the Peoples' Republic of China for your client, Bradley Imports. You submitted a sample along with your request.

FACTS:

The sample submitted, Style No. 9495, has a woven cotton twill shell and a knit support liner. The rear portion of the garment's waistband is elasticized; the front portion of the waistband is not elasticized. The waistband is encircled by belt loops and has a functional drawstring.

The shorts have a fly front with a zipper closure and a two button closure near the waistband. The garment has two inserted side seam pockets and a 19-1/2 inch side seam. It is hemmed and is extensively tucked on its front portion.

ISSUE:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation(GRIs), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relative section or chapter notes. Heading 6211, HTSUSA, provides for track suits, ski-suits and swimwear.

In Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (decided January 28, 1988), the Court of International Trade defined the swimwear before it as "a garment which has an elasticized waistband with a drawstring, and a liner of nylon tricot, designed and used for swimwear." In Customs Headquarters Ruling Letter (HRL) 081447 of March 21, 1988, we stated that Customs will treat as swimwear all garments possessing these criteria, although the liner need only be a lightweight one.

Although the instant garment possesses some features that swimsuits do not normally possess (e.g., the fly front and zipper), similar garments have been held to be swimsuits in the past. See HRL 087164 of May 22, 1990, and HRL 087357 of June 25, 1990. Therefore, in accordance with the foregoing, we conclude that the instant garment is classified as swimwear.

HOLDING:

The instant garment is classified in subheading 6211.11.2010, HTSUSA, which provides for track suits, ski-suits and swimwear: 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 classification) and the restraint (quota/visa) categories applicable to textile merchandise, 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. Inasmuch as 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 internal issuance of the U. S. Customs Service, which is available for inspection at your local Customs office.

The sample has been returned to you under separate cover, as requested.

Sincerely,

John Durant, Director
Commercial Rulings Division

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