CLA-2 CO:R:C:T 951812 CRS
Ms. Christy Miller
Customs Administrator
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453
RE: Swimwear; shorts; Hampco Apparel; HRL 081447; HRL 950681;
HRL 950602.
Dear Ms. Miller:
This is in reply to your letters dated April 9, 1992, May 8,
1992, and May 14, 1992, to our New York office, concerning the
classification of a men's garment under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA). A sample was
provided.
FACTS:
The garment at issue is a pair of men's woven nylon shorts,
style 110166. The garment features an elasticized waistband with
drawstring, a liner of CoolMax polyester jersey, and an inside
key pocket. The Nike logo is embroidered on the left hip of the
garment. A hang tag attached to style 110166 describes CoolMax
as a fabric that "quickly moves moisture away from the skin for
cool, dry comfort."
The sample garment was made in the United States; however,
the imported garment will be manufactured in Taiwan, and will be
entered through various ports including Portland, Oregon,
Anchorage, Alaska, Memphis, Tennessee, Chicago, Illinois, and New
Orleans, Louisiana.
ISSUE:
The issue presented is whether the garment in question is
classifiable as shorts or as swimwear.
LAW AND ANALYSIS:
Heading 6211, HTSUSA, provides, inter alia, for men's and
boys' swimwear. In Hampco Apparel, Inc. v. United States, 12 CIT
92 (1988), 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." Id. at 93. The instant
garment has an elasticized waistband and a nylon liner.
If the appearance of the garment itself is inconclusive,
evidence of the way in which it has been designed, manufactured,
marketed or advertised, as well as 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
garment. Headquarters Ruling Letter (HRL) 081447 of March 21,
1988.
Customs has considered certain embroidered sports logos, as
well as sales information, to constitute evidence of design and
construction for use other than as swimwear. E.g., HRL 950602 of
December 3, 1991. However, where the appearance of a garment has
suggested swimwear, and nothing in the design or the construction
has argued to the contrary, Customs has classified the garment in
accordance with Hampco. With regard to the garment in question,
its appearance suggests swimwear, and there is nothing in the way
of logos, etc. that would indicate that it is anything other than
swimwear as defined by Hampco. Accordingly, style 110166 is
classifiable under the provision for swimwear.
HOLDING:
The garment in question, style 110166, is classifiable in
subheading 6211.11.1010, HTSUSA, under the provision for track
suits, ski-suits and swimwear; other garments: swimwear: men's
or boys': of man-made fibers: men's. It is dutiable at the
rate of 29.6 percent ad valorem, and is subject to textile
category 659.
The designated textile 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
(the ninth and tenth digits of the classification) 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.
Sincerely,
John Durant, Director
Commercial Rulings Division