HQ 086842: Classification of men's swimwear

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 086842

                                    April 17, 1990




            CLA-2 CO:R:C:G  086842 DRR

            CATEGORY:  Classification

            TARIFF NO.:  6211.11.2010

            Mr. Simon Alemazoor
            Esprit de Corps
            900 Minnesota Street
            San Francisco, California 94107

            Re:  Classification of men's swimwear

            Dear Mr. Alemazkoor:

                 This is in response to your letter dated March 5, 1990,
            requesting the classification of men's swim trunks under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue consists of a pair of men's swim
            trunks made of 100 percent woven cotton fabric.  The garment
            has a fully elasticized waist with a drawstring, a full inner
            pant made of nylon, two slash pockets in the side seams.  The
            garment extends to the knees and the legs are hemmed at the
            bottom edge.  A rectangular label which says "Esprit Mens" is
            attached to the center back and the word "Esprit" is machine
            embroidered vertically down the left leg.  Your letter
            indicates that you believe that the garment is properly
            classifiable under subheading 6211.11.2010, HTSUSA.

            ISSUE:

                 Whether the garment at issue is classifiable under
            subheading 6211.11.2010, HTSUSA.

            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall be
            according to the terms of the headings and any relative section
            or chapter notes.  Heading 6211, HTSUSA, provides for track
            suits, ski-suits and swimwear.











                                          -2-


                 The garment at issue has the appropriate features of swim
            wear, i.e., an elasticized waist with a drawstring and a lining
            and is therefore classifiable as swimwear.

            HOLDING:

                 The swim trunks at issue are classified under subheading
            6211.11.2010, HTSUSA, as track suits, ski-suits and swimwear;
            other garments, swimwear, men's or boy's, other, of cotton,
            men's, with a duty rate of 8 percent ad valorem, and are
            subject to textile category 359.

                 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.  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
            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.


                                        Sincerely,




                                        Gerald Laderberg, Acting Director
                                        Commercial Rulings Division
























            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            086842