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NY K80245

November 6, 2003

CLA-2-62:RR:NC:WA:355 K80245


TARIFF NO.: 6203.43.4010; 6211.11.1010

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of men’s shorts and swim shorts from China and Sri Lanka.

Dear Ms. Greener:

In your letter dated October 29, 2003, you requested a classification ruling.

You submitted two samples of men’s garments which will be returned as you have requested.

Style 094-2633 is described as a men’s swim trunk, made of 100% nylon woven fabric. The garment features a zippered fly with a button closure at the waist. The waistband, which is loosely elasticized throughout, also has a drawcord threaded through its entire length. There is a knit mesh interior liner. There are two zippered back pockets with mesh lining for drainage as well as four pockets on the front of the garment. Two of the front pockets have zippered closures with mesh pocket lining fabric; the other two pockets have flaps with hook and loop fabric tape closures and small grommet holes, (two to a pocket), to provide drainage. You state that this garment will be merchandised and sold as swimwear.

Style 053-0079 is made of 100% woven nylon fabric. The garment has a hook and loop fabric tape front fly with a lace-up closure at the waist. The cord for the lace-up only extends through the grommet holes at the front of the garment and is not threaded through the non-elasticized waistband. The garment also features a back pocket with a zipper closure and mesh lining fabric; two side seam pockets with mesh pocket lining fabric and two front leg cargo-style pockets with a flap and two metal grommet holes to provide drainage. You state that this garment will be merchandised and sold as swimwear.

In Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (January 28, 1988), the Court of International Trade stated that three factors must be present if a garment is to be considered swimwear for tariff purposes:

(1) the garment has an elasticized waistband through which a drawstring is threaded (2) the garment has an inner lining of lightweight material, and (3) the garment is designed and constructed for swimming

From a physical examination it is clear that style 053-0079 does not meet the first requirement of Hampco; that is, there is no drawstring which is threaded through the waistband.

The applicable subheading for style 094-2633 will be 6211.11.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear: other garments: swimwear: men’s or boys’: of man-made fibers: men’s. The duty rate will be 28% ad valorem.

The applicable subheading for style 053-0079 will be 6203.43.4010, HTS, which provides for men’s or boys’ trousers, bib and brace overalls: breeches and shorts: of synthetic fibers: other: other: other: other: shorts: men’s. The duty rate will be 28.1% ad valorem.

Style 094-2633 falls within textile category designation 659. Style 053-0079 falls within textile category designation 647. Based upon international textile trade agreements products of China and Sri Lanka are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Camille R. Ferraro at 646-733-3046.


Robert B. Swierupski

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