CLA-2 CO:R:C:T 089537 CRS
Ms. Florence A. Jurich
A.J. Jurich and Associates, Ltd.
510 King Street
Suite 424
Alexandria, VA 22314
RE: Men's sleep bottoms without matching tops not classifiable
as pajamas; HRL 088635.
Dear Ms. Jurich:
This is in reply to your letter dated January 22, 1991, on
behalf of Esquel Enterprises, Ltd., concerning the classification
of a men's sleepwear garment under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA). A sample was provided.
FACTS:
The article in question is a pair of men's woven polyester
sleep pants. The rear portion of the waistband is elasticized;
the front portion is flat and has a two button closure. The fly
front opening is unsecured. While the sample is marked "Made in
Hong Kong," you advise that the imported article will be
manufactured in Sri Lanka.
ISSUE:
Whether sleep pants are classifiable under the provision for
pajamas of heading 6207, HTSUSA, or under the residual provision
of that heading for similar garments.
LAW AND ANALYSIS:
Heading 6207, HTSUSA, provides for, inter alia, men's or
boys' woven nightshirts, pajamas and similar articles. Within
the heading, there is a specific provision for pajamas and a
residual provision for similar articles. Customs has held that
pajama bottoms are not classifiable as pajamas. Headquarters
Ruling Letter (HRL) 088635 dated May 24, 1991. There we stated
in pertinent part:
[W]e find no support for the proposition that the
common meaning of [the] term [pajamas] 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 instant garment is similar to the sleep bottom of HRL 088635
and is therefore classifiable under the residual provision of
heading 6207 for similar articles.
HOLDING:
The garment in question is classifiable in subheading
6207.92.4010, HTSUSA, under the provision for men's or boys'
singlets and other undershirts...pajamas...and similar articles;
other; of man-made fibers; other; sleepwear. It is dutiable at
the rate of 11.2 percent ad valorem and is subject to textile
quota category 651.
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.
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