Tariff classification of certain men's polyester swimwear

HQ 081508 April 11, 1988 CLA-2:CO:R:C:G 081508 PAM 826195 CATEGORY: Classification TARIFF NO.: 6211.11.2010 Ms. Susan Law Production Manager Arena 5181 Argosy Drive Post Office Box 2466 Huntington Beach, CA 92649 RE: Tariff classification of certain men's polyester swimwear Dear Ms. Law: This is in response to your letter of January 4, 1988, in which you request a classification ruling on certain men's swimwear from Taiwan. Our ruling on this merchandise follows. ISSUE: Is the sample garment classified as swimwear or shorts for tariff purposes? FACTS: This sample (style HB-6924) consists of a woven shell that is 60 percent cotton and 40 percent polyester, a fully elasticized waistband through which a drawstring is threaded, a liner of man- made material and an inside coin/key pocket made from the same material as the liner. Two side seam pockets adorn the front of this garment. A silk screened logo depicting the words Pacific Waves below what appears to be a head and two arms swimming through some waves appears on the front left leg of this garment. LAW AND ANALYSIS: A recent court opinion defined swimwear as a garment which has an elasticized waistband with a drawstring, and a liner of -2- nylon tricot, designed and used for swimming. Hampco Apparel, Inc. v. U.S., 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 is threaded and a lightweight nylon tricot liner will be treated as swimwear for tariff purposes. We decide whether or not a garment is de- signed 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 appearance, evi- dence of the way in which a garment has been designed, manufac- tured, 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 order to facilitate our inquiry into the primary function of that garment. In this instance, the sample meets all of the requirements enunciated in Hampco, and must be classified as swimwear. The appearance of this garment indicates that it is designed and con- structed for swimming, and the requisite physical characteristics are present in this sample. CONCLUSION: For the reasons stated above, style HB-6924 is classified un- der 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 classifica- tion represents the present position of the Customs Service re- garding 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 (TSUSA) for this garment 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: