Classification of men's shorts

HQ 083637 April 21, 1989 CLA-2 CO:R:C:G 083637 CMR 836147 CATEGORY: Classification TARIFF NO.: 6211.11.2010 Mr. Alan Rosenwasser Director of Manufacturing World Island 358 Fifth Avenue New York, New York 10001 RE: Classification of men's shorts Dear Mr. Rosenwasser: This ruling is in response to your letter of January 24, 1989, requesting the classification of men's shorts made in Hong Kong. FACTS: The submitted sample of men's shorts, style WIB-35 (styles 1705- 1708D), consists of a woven cotton shell with a knit tricot full support liner. The sample has a fully elasticized waist, a functional drawstring, a fly front with a zipper closure and a button closure on the waistband. It has two quarter top side pockets and a rear patch pocket. The garment has an outer seam of 19 1/2 inches and rolled up cuffs of approximately 1 1/4 inches. ISSUE: Is the submitted sample classifiable as men's shorts or as men's swimwear? LAW AND ANALYSIS: The Court of International Trade in Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (decided January 28, 1988) set forth the criteria for determining whether a garment is within the purview of swimwear. The Court directed that we look to the following criteria: (1) whether the garment has a (sic) elasticized waistband through which a drawstring is threaded; -2- (2) whether the garment has an inner lining of lightweight material, namely, nylon tricot; and (3) whether the garment was designed and constructed for swimming. In concluding that the garment should be classified as swimwear, the court stated: "If all of the above are present, the garment is swimwear." Id. In HRL 081447 of March 21, 1988, issued subsequent to Hampco, it was stated that, in the future, when classifying garments of boxer-style with outer shells of woven construction, Customs will treat as swimwear all garments that are designed and constructed for swimming and possess both an elasticized waistband through which a drawstring is threaded and a lightweight nylon tricot liner. We will determine whether a garment is designed and constructed for swimming from the appearance of that garment. [Citation to Hampco]. The design and construction of the garment at issue meet the criteria set forth by the court in Hampco. The garment is a boxer- style with an outer shell of woven cotton. It possesses both an elasticized waistband through which a drawstring is threaded and an inner lining of lightweight material. From the appearance of the garment we conclude that it is indeed designed and constructed for swimming. Classification of this garment as swimwear is in accord with Hampco and the position we adopted in HRL 081447. HOLDING: The submitted sample is classifiable under subheading 6211.11.2010, HTSUSA, which provides for men's swimwear, of cotton, dutiable at the rate of 8 percent ad valorem. The applicable 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, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division 6cc: Area Director, New York Seaport 1cc: CITA 1cc: Legal Reference Section 1cc: Phil Robins