Classification of men's swim shorts

HQ 084023 JUNE 26, 1989 CLA-2 CO:R:C:G 084023 PR; NY 837544 and 837798 CATEGORY: Classification TARIFF NO.: 6211.11.2010 Mr. Silvio Bercovici, President Patrician Imports, Inc. 390 Fifth Avenue, suite 701A New York, New York 10018 RE: Classification of men's swim shorts Dear Mr. Bercovici: This ruling is in response to your to letters of February 28, 1989, concerning the tariff status of two sample garments produced in China. FACTS: Two samples were submitted--styles 228A and 228C. Each is a man's shorts, with a shell of medium weight woven cotton fabric. Each has a full knit nylon tricot support liner; side seam pockets; a rear patch pocket with an unsecured opening; an elasticized waist with a functional drawstring; and a fly opening (one with a fabric closure and the other with a zipper closure). On the garments with the zipper fly, the elasticized waistband is continuous (unbroken) while on the other garment the fly front extends through the waistband. Both garments are labelled to be a size medium and have an outer seam length of approximately 18- 1/2 inches. ISSUE: The issue presented is whether the submitted samples are classifiable as shorts or as swim wear. LAW AND ANALYSIS: The United States Court of International Trade has held that "swimwear [sic] is defined as a garment which has an elasticized waistband with a drawstring, and a liner of nylon tricot, designed and used for swimming." Hampco Apparel, Inc. v. United States, Slip Op. 88-12, at page 4 (decided January 28, 1988). 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 our ruling of March 21, 1988, file 081447, we conclude that both sample garments are classifiable as swim wear. HOLDING: Both sample garments are classifiable under the provision for other men's woven cotton swim wear, in Subheading 6211.11.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), with duty, as product of China, at the rate of 8 percent ad valorem. Textile and apparel restraint category 359 is currently applicable to merchandise classifiable in that subheading. 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 importing the merchandise to determine the current applicability of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division