HQ 084037: Classification of men's shorts

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 084037

                          JUNE 26, 1989



CLA-2 CO:R:C:G  084037 and 083866 PR;  NY 837683, 837579,
                837543, 837545, and 837589

CATEGORY:  Classification

TARIFF NO.:  6211.11.2010

Mr. Luigi Galella
Generation One Apparel Inc.
20 West 33rd Street
New York, New York 10001

RE:  Classification of men's shorts

Dear Mr. Galella:

     This ruling is in response to your letters of February 28,
1989, concerning the tariff status of several sample garments.

FACTS:

     Five samples, all products of China, were submitted--styles
208A through 208E.  Each is a man's shorts, with a shell of
medium weight woven cotton fabric.  Each has a full knit nylon
tricot support liner; side seam pockets; a rear back pocket with
an unsecured opening; an elasticized waist with a functional
drawstring; and a fly opening (two with fabric closures and three
with zipper closures).  On two of the garments, the elasticized
waistband is continuous (unbroken) while on the remaining three
garments the fly front extends through the waistband.  All the
garments are labelled to be a size medium and three have an outer
seam length of approximately 21 inches while the other two have
an outer seam length of approximately 18-1/2 inches.

ISSUE:

     The issue presented is whether the submitted samples are
classifiable as shorts or as swim wear.

LAW AND ANALYSIS:

     The United States Court of International Trade has held that
"swimwear [sic] is defined as a garment which has an elasticized
waistband with a drawstring, and a liner of nylon tricot,
designed and used for swimming."  Hampco Apparel, Inc. v. United
States, Slip Op. 88-12, at page 4 (decided January 28, 1988).
The garment before the court was a pair of boxer-style shorts
with a woven cotton shell, a full elasticized waistband, side
seam pockets, and a rear pocket secured with a flap and snap
closure.  In that case the court ruled that the garment before it
was properly classified as swim wear.

     In accordance with the decision in Hampco, as interpreted by
our ruling of March 21, 1988, file 081447, we conclude that all
five sample garments are classifiable as swim wear.

HOLDING:

     All five sample garments are classifiable under the
provision for other men's woven cotton swim wear, in Subheading
6211.11.2010, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), with duty, as product of China, at the rate
of 8 percent ad valorem.  Textile and apparel restraint category
359 is currently applicable to merchandise classifiable in that
subheading.

     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 importing the merchandise to determine
the current applicability of any import restraints or
requirements.
                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division