CLA-2 CO:R:C:T 951639 jlj
Mr. William Maloney
Rode & Qualey
295 Madison Avenue
New York, New York 10017
RE: Classification of Men's Woven Nylon Shorts; Heading 6203
Dear Mr. Maloney:
In your letter of April 1, 1992, you requested a tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) for a pair of men's woven nylon shorts
on behalf of your client, Adidas USA, Inc. You submitted a
sample with your letter. The sample is being returned to you
under separate cover.
FACTS:
The sample submitted, style "Street," is a pair of men's
woven nylon shorts with a double waistband: a fully elasticized
turned over waistband with a drawstring threaded through it and a
second underwear like waistband sewn to its interior surface and
protruding above it.
The garment has a full support liner of knit polyester, side
seam pockets and a pouch with a zipper closure on the left side
of the garment, immediately under the exterior waistband. The
garment has side vents. It measures approximately 22 inches from
the top of the second waistband to the hemmed bottom of the
shorts.
You refer to the instant garment as a multi-purpose garment,
but you state that it is designed to be suitable for use as
swimwear.
ISSUE:
Is the instant garment classified as swimwear in Heading
6211, HTSUSA, or as a pair of shorts in Heading 6203, 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 headings and any relative section or chapter
notes.
You state that Hampco Apparel, Inc, v. United States, 12 CIT
92, Slip Op. 88-12 (1988) and various Customs rulings, including
Headquarter Ruling Letter (HRL) 081447 of March 21, 1988, support
your suggested classification as a swimsuit in subheading
6211.11.1010, HTSUSA.
In Hampco, supra, the Court of International Trade defined
swimwear as a "garment" which has "an elasticized waistband, and
a liner of nylon tricot, designed and used for swimming." While
the instant garment has these features, the extra fabric of the
second waistband is not a normal design feature of swimwear nor
is it conducive to swimming. Since the design of the garment is
not consistent with Hampco, the manner in which the manufacturer
or importer intends the garment to be used will be considered as
evidence of the design and construction of the apparel. See HRL
081477.
Noting Rule 1(a) of the Additional U. S. Rules of
Interpretation, the evidence of record does not support a finding
that the principal use of the garment in question is that of
swimwear. The sample submitted, which you refer to as a multi-
purpose short, is active wear which may include swimming among
its various uses.
HOLDING:
The instant garment is classified under the provision for
men's woven shorts of synthetic fibers, in subheading
6203.43.4030, HTSUSA, dutiable at the rate of 29.7 percent ad
valorem. Textile category 647 pertains to merchandise which is
classified in this subheading.
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.
Sincerely,
John Durant, Director