CLA-2 CO:R:C:T 089052 CMR
Mr. Jackson H. Daniel, Jr.
International Forwarders, Inc.
1350 Ashley River Road
Charleston, South Carolina 29407
RE: Classification of men's sleep pants
Dear Mr. Daniel:
This ruling is in response to your letter of March 1, 1991,
on behalf of Host Apparel Inc., requesting the classification of
certain men's woven sleep pants. The garments will be
manufactured in China and imported through the port of
Charleston, South Carolina. Your request was forwarded to this
office for response along with your submitted samples.
FACTS:
Two samples were submitted; neither has a style number.
Both pants samples are made of the same 100 percent cotton woven
fabric and have an elasticized waist and hemmed bottoms. One
sample has a fly front opening with a snap closure and a two snap
closure on the waistband.
The garments will be sold as a pajama for men only. The
size range is a standard men's small, medium, large and extra
large.
ISSUE:
Are the sleep pants at issue classifiable as men's pajamas
or as other sleepwear?
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LAW AND ANALYSIS:
Classification of goods 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, provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
A recent Customs Headquarters ruling, HRL 088635 of May 24,
1991, addressed the same matter at issue herein, i.e., whether
pajama bottoms, without pajama tops, be classified as pajamas.
(A copy of that ruling is attached.)
In HRL 088635, after examining various lexicographic
sources, it is stated:
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.
The sleep pants at issue herein have the appearance of
pajama bottoms and are intended to be sold singly to men as a
pajama. In light of HRL 088635, they are not classifiable as
pajamas.
HOLDING:
The garments at issue are classifiable under the provision
for garments similar to nightshirts and pajamas, in subheading
6207.91.3010, HTSUSA, textile category 351, dutiable at 6.5
percent ad valorem.
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