CLA-2 CO:R:C:G 086436 JLJ
Ms. Chris Andrews
Reebok International Ltd.
100 Technology Center Drive
Stoughton, Massachusetts 02072
RE: Classification of men's woven nylon volleyball shorts
Dear Ms. Andrews:
In your letter of January 10, 1989, you submitted a sample
of men's volleyball shorts imported from Taiwan, and you
requested a tariff classification for these shorts under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA) on behalf of your client, Reebok International Ltd.
FACTS:
You describe the instant merchandise as 100 percent nylon
woven volleyball shorts. The sample has an elasticized
waistband, a functional drawstring, a nylon full support liner,
two side seam pockets and a rear pocket. The left leg bears an
embroidered logo of a volleyball partly circled by a ribbon
with the word "Reebok" on it.
You refer to these shorts as Reebok volleyball shorts.
There is a tag attached to them which describes the shorts as
"volleyball apparel." You state that the sample is used to
play volleyball and beach volleyball and to swim. You contend
that the shorts have the characteristics of swimwear and
therefore should be classified under the provision for
swimwear: men's or boys': of man-made fibers: men's, in
subheading 6211.11.1010, HTSUSA.
-2-
ISSUE:
Are the instant shorts classified as swimwear in
subheading 6211.11.1010, HTSUSA, or under the provision for
men's shorts (other than swimwear): shorts: of synthetic
fibers: other: other: other: other: other: shorts: men's, in
subheading 6203.43.4030, HTSUSA?
LAW AND ANALYSIS:
In Hampco Apparel, Inc.v. United States, Slip Op. 88-12
(decided January 28, 1988), the Court of International Trade
stated that three factors must be present if a garment is to
be considered swimwear for tariff purposes:
(1) The garment has an elasticized
waistband through which a drawstring
is threaded,
(2) the garment has an inner lining
of lightweight material, and
(3) the garment is designed and constructed
for swimming.
The instant shorts have the first two factors listed
above. They could be used for swimming. It remains to be
determined whether the third factor is present or not.
In Customs Headquarters Ruling Letter (HRL) 081447 of
March 21, 1988, we stated that, in order to determine whether
a garment is designed and constructed for swimming, we would
first look at the appearance of the garment. If the appearance
is inconclusive, as in the instant shorts, evidence of the way
in which the garment has been designed, manufactured, marketed
or advertised, the way in which the manufacturer or importer
intends the garment to be used, and the way in which a garment
is chiefly used will be considered as evidence of the design
and construction of the garment.
The instant shorts are clearly designed and constructed
as volleyball shorts, as indicated by the embroidered
volleyball logo, the tag describing the shorts as "volleyball
apparel," and your statement that they are used to play
volleyball and beach volleyball.
-3-
HOLDING:
The instant woven nylon volleyball shorts are classified
under the provision for men's shorts in subheading
6203.43.4030, HTSUSA, dutiable at the rate of 29.7 percent
ad valorem. The textile category is 647.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number) 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.
The designated textile and apparel category may be
suvdivided 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
issuance of the U.S. Customs Service, which is updated weekly
and is available at your local Customs office.
Sincerely,
Jerry Laderberg
Acting Director
Commerial Rulings Division
6cc: Area Dir., N.Y. Seaport (NIS-355)
1cc: D.D., Boston, Mass.
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086436JLJ