HQ 088600
May 15,1991
CLA-2 CO:R:C:T 088600jlj
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