CLA-2 CO:R:C:T 088635 PR
Mitchel R. Scher, President
Vandegrift Forwarding Company, Inc.
One Evertrust Plaza
Jersey City, N.J. 07302
RE: Classification of a Robe and Sleepwear-type Shorts
and Pants
Dear Mr. Scher:
This is in reply to your letter of January 22, 1991, on
behalf of Van Baalen Pacific Corporation, concerning the
classification of three sample garments. Our ruling on the
matter follows.
FACTS:
Three samples were submitted. All are made of the same
silky light weight woven polyester fabric. Style 1320/551 is a
pair of shorts. The waistband has a two button closure and the
rear portion is elasticized. The open fly front has a single
button closure.
Style 1320/236 is a pair of trousers. Except for the long
legs, it is the same as style 1320/551.
Style 1320/236 is a man's calf-length robe with length
sleeves; a full front opening secured with a belt of the same
material; an embroidered crest in the left breast area; and side
pockets below the waist.
The inquirer states that these articles will be sold and
marketed as part of a sleepwear/loungewear line.
ISSUE:
The issue presented is whether half of a set of pajamas are
classifiable as pajamas or as garments similar to pajamas.
LAW AND ANALYSIS:
Imported goods are classifiable according to the General
Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule
of the United States (HTSUSA). GRI 1 provides that for legal
purposes, classification shall be determined according to the
terms of the headings in the tariff and according to any
pertinent section or chapter notes.
In this instance, the samples speak eloquently for
themselves. The robe is clearly a robe and the two other
garments are pajama bottoms or garments that clearly resemble
pajama bottoms. In HRL 088101, dated February 26, 1991, it was
ruled that pajama bottoms are classified as pajamas. However, we
have reviewed that ruling and found it to be in conflict with HRL
088489, dated April 18, 1991, which held that certain men's sleep
shorts were classifiable under a subheading for other sleepwear,
rather than under the subheading for pajamas. The sleep shorts
which were the subject of HRL 088489 were identical to style
1320/551 in the instant inquiry. Accordingly, we have reviewed
the determination in HRL 088101.
The decision in HRL 088101 was predicated on a report from
one of our commodity specialists which stated:
We believe that the common and commercial meaning of
pajamas encompasses many styles of both one and two
piece sleepwear garments. ESSENTIAL TERMS OF FASHION:
A COLLECTION OF DEFINITIONS published by Fairchild
defines pajamas as a "one or two-piece item of apparel
originally designed for sleeping..." The examples
include various one piece sleepers (bunny suit, Dr.
Denton Sleepers, jumpsuit p., knitted knickers,
rompers), pajama sets, sleep shorts (men's pull-on
shorts, sometimes with two piped pickets, worn for
sleeping), and teddy, in addition to various two piece
styles.
It appears that the exemplars of one piece pajamas are, for
the most part, garments that provide a great deal more body
coverage than a normal pair of pajama bottoms or tops. In
opposition to the above quoted paragraph are the following
definitions of "pajamas."
1. The American Heritage Dictionary, Second College
Edition, at page 893, "A loose- fitting garment
consisting of trousers and a jacket, worn for sleeping
or lounging."
2. The Random House College Dictionary, 1968, at page
956, "night clothes consisting of loose-fitting
trousers and jacket."
3. Webster's II, New Riverside University Dictionary,
1984, at page 845, "A loose-fitting garment having of
(sic) trousers and a jacket, worn for sleeping or
lounging."
4. Thorndike Barnhart Comprehensive Desk Dictionary,
1967, at page 563, "garments to sleep in, etc.,
consisting of a coat and loose trousers fastened at the
waist."
5. The Fashion Dictionary, Mary Brooks Picken,
published by Funk & Wagnalls, 1973, at page 264, "Suit
consisting of coat or blouse and trousers.
6. The Modern Textile and Apparel Dictionary, George
E. Linton, published by the Textile Book Service, 1973,
at page 409, "Coat or blouse and trousers."
In addition, The Guidelines for the Reporting of Imported
Products in Various Textile and Apparel Categories, CIE 13/88,
published by Customs in the December 28,1988, Federal Register,
at pages 52563-52570, seem to have broadened the above
definitions to some extent.
Pajamas are worn by both sexes and all ages. They
consist of an upper part, pullover or coat style, with
long, short, or no sleeves and a lower part, short,
intermediate, or long trouser-like garments or of any
style panties. * * * Pajamas are sleepwear. Garments
called "sleepers" (sometimes called Dr. Denton's), one
or two-piece knit sleeping garments for girls, sizes 2-
4 and boys 2-7, buttoning in front or back and with
drop seats in the one-piece style, are in this
category. (at page 52569)
It appears from the Guidelines that while Customs may
recognize the existence of one-piece pajamas, such garments are
ones that provide full or almost full body coverage. In view of
the numerous lexicon definitions that state pajamas consist of a
two-piece set of garments which provide upper and lower body
coverage, we find no support for the proposition that the common
meaning of that term encompasses one part of a pajama set. In
fact, it is questionable whether there can be pajama "bottoms" in
the absence of pajama "tops." In such an event, it appears that
what actually exists are sleep bottoms rather than pajama
bottoms. Accordingly, pajama bottoms imported without their
matching tops are not classifiable as pajamas.
HOLDING:
The robe is classifiable under the provision for men's woven
bath robes, dressing gowns, and similar articles, of man-made
fibers, in subheading 6207.92.2020, HTSUSA, with duty, as a
product of Sri Lanka, at the rate of 17 percent ad valorem. The
textile and apparel category applicable to this merchandise is
650.
The two pairs of pajama bottoms are classifiable under the
provision for garments similar to nightshirts and pajamas, in
subheading 6207.92.4000, HTSUSA, with duty, as a product of Sri
Lanka, at the rate of 11.2 percent ad valorem. The textile and
apparel category applicable to this merchandise is 652.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) 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.
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.
Sincerely,
John Durant, Director
Commercial Rulings Division