CLA-2 CO:R:C:T 088101 CMR
Ms. Christine Berghofer
Customs Manager
Associated Merchandising Corporation
50 Terminal Road
Secaucus, New Jersey 07094
RE: Revocation of HRL 082997 of April 3, 1989; Classification of
men's sleepwear
Dear Ms. Berghofer:
On April 3, 1989, this office issued a ruling to your
company on the classification of certain men's sleepwear. At the
request of our New York office we have reconsidered this ruling
and found the classification stated therein to be in error.
FACTS:
The samples involved in HRL 082997 were described as
follows:
Style PJ-4001 is a pair of 100 percent cotton flannel pants
with cuffed leg bottoms, elasticized waist and a fly front
the snaps. Style WS-4001 is similar but is made of a 55
percent cotton/45 percent polyester woven fabric.
It was indicated that the garments were men's sleepwear
manufactured in Hong Kong.
ISSUE:
Were the subject garments properly classified in HRL 082997
as other men's sleepwear in subheading 6207.91.30, HTSUSA, or
should they be classified as men's pajamas in subheading
6207.21.00, HTSUSA?
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LAW AND ANALYSIS:
The subject pants, although clearly recognizable as men's
sleepwear in HRL 082997, did not include pajama tops, and
therefore, were classified as "other" sleepwear.
These garments fit the general description of typical men's
pajama bottoms and should be classified as such, whether imported
separately or with tops as sets.
HOLDING:
The subject garments are classified as men's pajama bottoms
of subheading 6207.21.0010, HTSUSA, if they have two or more
colors in the warp and/or the filling, or subheading
6207.21.0030, HTSUSA. The garments are subject to textile
category 351 and dutiable at 9.5 percent ad valorem.
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are revoking HRL
082997 to reflect the above classification effective with the
date of this letter. However, if, after you review this ruling
letter, you disagree with the legal basis for our decision, we
invite you to submit any arguments you might have with respect to
this matter for our review. Any submission you wish to make
should be received within 30 days of the date of this letter.
This notice to you should be considered a revocation of HRL
082997 under 19 CFR 177.9(d)(1). It is not to be applied
retroactively to HRL 082997 (19 CFR 177.9(d)(2)) and will not,
therefore, affect past transactions for the importation of your
merchandise under that ruling. However, for the purposes of
future transactions in merchandise of this type, HRL 082997 will
not be valid precedent.
We recognize that pending transactions may be adversely
affected by this revocation in that current contracts for
importations arriving at a port subsequent to this decision will
be classified pursuant to it. If such a situation arises, you
may, at your discretion, notify this office and may apply for
relief from the binding effects of this decision as may be
warranted by the circumstances. However, please be advised that
in some instances involving import restraints, such relief may
require separate approvals from other government agencies.
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
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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