CLA-2 CO:R:C:G 084805 CB
Andrew P. Vance, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, New York 10016
RE: Reconsideration of NYRL 839188--Women's Undergarments
Dear Mr. Vance:
This ruling letter is in response to your letter of May 11,
1989, on behalf of Val Mode Lingerie Inc., requesting a
reconsideration of the classification ruling issued by New York
under the Harmonized Tariff Schedule of the United States
(HTSUSA), for women's undergarment sets.
FACTS :
Two samples were submitted in ruling 839188. Style 3380 is
a set consisting of a camisole and brief. The camisole has a
scalloped neckline and thin shoulder straps. Style 3420 is also
a set consisting of a camisole and brief. The camisole has a
deep scalloped neckline and pleats with contrasting color
inserts. The briefs also have pleats with contrasting color
inserts. Both sets are composed of a woven polyester satiny
fabric.
ISSUE :
Whether the subject merchandise is classifiable in Chapter
62, HTSUSA, as women's undergarments or as pajamas?
LAW AND ANALYSIS :
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that the starting point is the
terms of the headings and subheadings of the tariff and any
relevant section or chapter notes.
-2-
Heading 6208, HTSUSA, provides for women's or girls'
singlets and other undershirts, slips, petticoats, briefs,
panties, nightdresses, pajamas, negligees, bathrobes, dressing
gowns and similar articles. NYRL 839188, dated May 1, 1989,
found that the styling and construction of the subject sets were
indicative of garments worn as underwear and that the merchandise
was classifiable in subheading 6208.92.0030, HTSUSA.
The inquirer states that the two sets are designed, made,
and sold by Val Mode as nightwear only. A copy of the Spring
1989 Val Mode catalog was submitted as supporting documentation.
Both style no. 3380 and 3420 are described in the catalog as
"cami-pajama". Moreover, the inquirer asserts that the two sets
are cut too loosely and widely flared to be worn under street
clothes. Customs has previously ruled on the issue of camisole
and brief sets. HRL 080410 SM, dated March 4, 1988, classified a
camisole top as pajamas under 6208.22.0000, HTSUSA. In said
ruling it was found that the fabric, loose cut, minimal
tailoring, and deep neckline gave the merchandise a sleepware
appearance.
With respect to the subject merchandise, style no. 3380 has
deep vents on the side and a deeply scalloped neckline. Style
no. 3420 has two contrasting color darts down the camisole and
brief. Both styles are loosely cut and widely flared. Thus,
following the reasoning in HRL 080410, the subject merchandise is
classifiable in heading 6208.22.0000, HTSUSA.
HOLDING :
Style no. 3420 and 3380 are classifiable in 6208.22.0000,
HTSUSA, which provides for women's and girls' nightdresses and
pajamas, of man-made fibers. The rate of duty is 17 percent ad
valorem and the textile category is 651.
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.
NYRL 839188 is revoked. The samples will be returned to
you.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins