Classification of men's swimwear

HQ 086842 April 17, 1990 CLA-2 CO:R:C:G 086842 DRR CATEGORY: Classification TARIFF NO.: 6211.11.2010 Mr. Simon Alemazoor Esprit de Corps 900 Minnesota Street San Francisco, California 94107 Re: Classification of men's swimwear Dear Mr. Alemazkoor: This is in response to your letter dated March 5, 1990, requesting the classification of men's swim trunks under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). FACTS: The merchandise at issue consists of a pair of men's swim trunks made of 100 percent woven cotton fabric. The garment has a fully elasticized waist with a drawstring, a full inner pant made of nylon, two slash pockets in the side seams. The garment extends to the knees and the legs are hemmed at the bottom edge. A rectangular label which says "Esprit Mens" is attached to the center back and the word "Esprit" is machine embroidered vertically down the left leg. Your letter indicates that you believe that the garment is properly classifiable under subheading 6211.11.2010, HTSUSA. ISSUE: Whether the garment at issue is classifiable under subheading 6211.11.2010, HTSUSA. LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), 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. -2- The garment at issue has the appropriate features of swim wear, i.e., an elasticized waist with a drawstring and a lining and is therefore classifiable as swimwear. HOLDING: The swim trunks at issue are classified under subheading 6211.11.2010, HTSUSA, as track suits, ski-suits and swimwear; other garments, swimwear, men's or boy's, other, of cotton, men's, with a duty rate of 8 percent ad valorem, and are subject to textile category 359. 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. Since 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. Due to the changeable nature of the statistical annotation 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. Sincerely, Gerald Laderberg, Acting Director Commercial Rulings Division 6 cc: Area Dir., N.Y. Seaport D. Rimmer library/peh 086842