CLA-2 CO:R:C:G 085275 CMR 843566
Ms. Lorraine Dugan
Associated Merchandising Corporation
50 Terminal Road
Secaucus, New Jersey 07096
RE: Classification of two women's garments under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA) and
Reconsideration of NYRL 840903 of June 2, 1989
Dear Ms. Dugan:
This ruling is in response to your letter of July 17, 1989,
requesting the classification of two women's garments, styles 6117
and 6136. A sample of each style has been submitted for review.
FACTS:
Style 6117 is made from 100 percent woven cotton yarn dyed
striped fabric. It has a full front opening with a seven-button
closure, long sleeves with single button cuffs, a double ply rear
shoulder yoke, two patch pockets at the chest, a pointed collar with
collarband, a rounded tail bottom, and a back pleat. The garment is
manufactured in India by Orient Fashions in sizes small, medium and
large.
Style 6136 is also made from 100 percent woven cotton yarn dyed
striped fabric. It has a full front opening with a nine-button
closure, a partially concealed front placket, long sleeves with
single-button cuffs, a collarband neckline with no collar, a rounded
tail bottom, a back pleat, a double ply rear shoulder yoke, and an
inset chest pocket with a single-button closure. The garment is
manufactured in India by ASU Traders in sizes small, medium and
large.
-2-
In addition to the classification of the above described
garments, it has been requested by the New York Customs office that,
in light of the submission of the garments now before us, we
reconsider the classification of a set of garments, style 6118, which
were classified in NYRL 840903 of June 2, 1989, as sleepwear.
ISSUE:
Are the submitted garments classifiable as women's blouses in
subheading 6206.30.3010, HTSUSA, or are they classifiable as women's
sleepwear in subheading 6208.21.0010, HTSUSA?
Was style 6118 properly classified as sleepwear in NYRL 840903?
LAW AND ANALYSIS:
Classification of products under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes, and provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order].
The submitted garments, styles 6117 and 6136, appear to be
oversized shirts. These garments are similar to oversized shirts
often found and sold in sleepwear departments. While you indicated
in your letter that these are blouses, we understand that the store
department number, 039, and the store code, 015, indicate that the
garments were purchased by P.A. Bergners for their junior sleepwear
department. Additionally, the Associated Merchandising Corporation
(AMC) tags attached to the garments indicate that although the
garments are described as tops on the tags, the product area
designation for each is AMC sleepwear. Furthermore, according to the
New York Customs office, style 6117 is identical to the upper
component of style 6118 which was described as a pajama set in your
submission.
Although we have not been provided with any advertisement
material in regard to the garments at issue, based on the information
obtained regarding the submitted purchase orders and from an
examination of the garments themselves, we believe these garments are
intended for marketing and sale as sleepwear.
HOLDING:
The submitted garments, styles 6117 and 6136 are classified as
sleepwear in subheading 6208.21.0010, HTSUSA, which provides for
women's cotton nightdresses and pajamas with two or more colors in
the warp and/or the filling. The garments fall in textile category
351 and are dutiable at 9.5 percent ad valorem.
-3-
Based on the above stated information, particularly in regard to
the store department number and store code number, we believe style
6118 was properly classified in subheading 6208.21.0010, HTSUSA, in
NYRL 840903.
The designated textile and apparel category may be subdivided
into parts. If so, the 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 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
updated weekly and 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
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins