CLA-2 CO:R:C:G 085979 CC
Ms. Doreen Wai
Second Secretary
Hong Kong Economic & Trade Affairs Office
British Embassy
1233 20th Street, N.W., Suite 504
Washington D.C., 20036
RE: Classification of tap pants and a camisole
Dear Ms. Wai:
This letter is in response to your inquiry of November 9,
1989, on behalf of Wintop International Trading Corp., requesting
the tariff classification and textile category designation of tap
pants and a camisole. Samples were submitted for examination.
FACTS:
The merchandise at issue, which consists of a women's
camisole and matching tap pants, is designated as Style 7022.
The camisole is made of 100 percent woven polyester satin fabric
in a jewel tone floral print. It has a deep front V-neckline,
spaghetti shoulder straps, and a top edge finished with a 1 inch
wide facing, which is not sewn down.
The tap pants are made of the same woven polyester fabric as
the camisole. They have an elastic waistband and wide leg
separations with a rounded hemmed bottom. Both articles are
loosely cut and widely flared.
You state that the tap pants and camisole are packaged
together as a set to be sold as pajamas. Also, information has
been submitted indicating that the submitted merchandise is part
of the importer's sleepwear line. You request that the tap pants
and camisole be classified as pajamas and assigned textile
category 651.
ISSUE:
Whether the submitted merchandise is classifiable as women's
pajamas or as women's underwear within Heading 6208 of the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA)?
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 classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
Heading 6208, HTSUSA, provides for women's or girls'
singlets and other undershirts, slips, petticoats, briefs,
panties, nightdresses, pajamas, negliges, bathrobes, dressing
gowns and similar articles.
The Explanatory Notes, the official interpretation of the
HTSUSA at the international level, state that Heading 6208
covers underclothing for women or girls (singlets and other
vests, slips, petticoats, briefs, panties and similar articles),
not knitted or crocheted. This heading also includes
nightdresses, pajamas, negliges, bathrobes (including
beachrobes), dressing gowns and similar articles for women or
girls (garments usually worn indoors).
In HRL 084805, dated July 31, 1989, copy attached, two
camisole and brief sets were classified as pajamas. Those
articles were also advertised as sleepwear and were loosely cut
and widely flared. That merchandise appears to be similar to the
submitted sample. Therefore, the submitted merchandise is
classifiable as pajamas in Heading 6208, HTSUSA.
HOLDING:
The submitted merchandise is classified under subheading
6208.22.0000, HTSUSA, which provides for women's or girls'
singlets and other undershirts, slips, petticoats, briefs,
panties, nightdresses, pajamas, negliges, bathrobes, dressing
gowns, and similar articles, nightdresses and pajamas, of man-
made fibers. The rate of duty is 17 percent ad valorem.
No textile category is currently assigned to articles
classifiable under subheading 6208.22.0000, HTSUSA.
The sample is being returned under separate cover.
Sincerely,
John Durant, Director
Commercial Rulings Division
Enclosure