Classification of men's swimsuit; Heading 6211

HQ 088600 May 15,1991 CLA-2 CO:R:C:T 088600jlj CATEGORY: Classification TARIFF NO.: 6211.11.2010 Mr. Arthur Stein ETA Import and Export Ltd. 248-06 Rockaway Blvd. Suite 286 Jamaica, New york 11422 RE: Classification of men's swimsuit; Heading 6211 Dear Mr. Stein: In your letter of January 14, 1991, you requested a tariff classification under the Harmonized Tariff Schedule of the United States (HTSUSA) for a men's woven cottom swimsuit manufactured in Hong Kong for your client, Allura Imports. You submitted a sample along with your request. FACTS: Although no advertising literature was submitted, you describe the instant garment as "swimwear." The sample submitted, style 4126/8126/9126, has a woven 100 percent cotton shell and a knit support liner. The rear portion of the waistband is elasticized; the front portion is not elasticized. The waistband has a functional drawstring and is encircled by belt loops. The garment has a front fly opening with a zipper closure and a button closure on the waistband. The garment has two fully lined inserted diagonal front pockets. The garment is hemmed, and it is tucked on its front seam. It has a 19-1/2 inch side seam. ISSUE: Is the instant garment classified as swimwear in Heading 6211, HTSUSA? LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be according to the terms of the heading and any relative section or chapter notes. Heading 6211 provides for track suits, ski-suits and swimwear. In Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (decided January 28, 1988), the Court of International Trade defined the swimwear before it as "a garment which has an elasticized waistband with a drawstring, and a liner of nylon tricot, designed and used for swimwear." In Customs Headquarters Ruling Letter (HRL) 081447 of March 21, 1988, we stated that Customs will treat as swimwear all garments possessing these criteria, although the liner need only be a lightweight one. Although the instant garment possesses some features which swimsuits do not normally possess (e.g., the fly front and zipper), similar garments have been held to be swimsuits in the past. See HRL 087164 of May 22, 1990, and HRL 087357 of June 25, 1990. Therefore, in accordance with the foregoing, we conclude that the instant garment is classified as swimwear. HOLDING: The instant garment is classified in subheading 6211.11.2010, HTSUSA, which provides for track suits, ski-suits and swimwear: swimwear: men's or boys': other: of cotton: men's. The rate of duty is 8 percent ad valorem, and the 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 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. 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. Inasmuch as 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. The sample has been returned to you under separate cover, as requested. Sincerely, John Durant, Director Commercial Rulings Division