CLA-2 CO:R:C:T 950214 SK
Mr. Tommy Lai
Second Secretary
Hong Kong Economic & Trade Office
British Embassy
1233 20th Street, N.W., ste. 504
Washington, D.C. 20036
RE: Classification of a women's chemise-style garment; slips v.
sleepwear; 6208.11.0000 v. 6208.22.0000, HTSUSA; GRI 3(c)
Dear Mr. Lai:
This is in response to your letter of August 9, 1991,
requesting classification of a women's garment on behalf of the
importer, Undercoverwear Inc.. A sample was submitted to Customs
for examination and will be returned to you under separate cover.
FACTS:
The submitted sample is a women's chemise-style 100%
polyester woven garment to be imported from Hong Kong. There is
a scalloped 2-1/4 inch raschel lace edging sewn to the straight
top front of the garment. The article has a flared shirttail
bottom which reaches to the mid-thigh and non-adjustable shoulder
straps.
ISSUE:
Whether the article at issue is properly classifiable as a
women's nightgown or slip?
LAW AND ANALYSIS:
Classification of merchandise is in accordance with the
General Rules of Interpretation (GRI's) of the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA). GRI 1 provides
that for legal purposes, classification shall be determined
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according to the terms of the headings in the tariff and
according to any pertinent section or chapter notes taken in
order.
Heading 6208, HTSUSA, provides for, inter alia, women's
slips and nightgowns. As the subject merchandise is undeniably
either a women's slip or a nightgown, the garment is properly
classifiable under this heading in the Nomenclature. It is at
the six digit level in heading 6208, HTSUSA, that the
determination as to this garment's identity will be made.
The article at issue is of a type often identified as a
"chemise". The term "chemise" itself is not determinative of
classification inasmuch as this term is commonly used to describe
both sleepwear and slips. In fact, the term "chemise" does not
describe a specific article of clothing at all, but rather a
style of garment which is understood to encompass one piece
articles with thin straps (both adjustable and non-adjustable)
and simple, straight, loose silhouettes.
As the term "chemise" is not determinative of
classification, and the garment appears suitable for use as
either sleepwear or a slip, this office will apply the test it
used for the classification of ambiguous garments in
Headquarters Ruling Letter (HRL) 951184, dated June 19, 1992. In
that ruling Customs set forth its position on how women's
teddies should be classified where it was not readily apparent
whether they were sleep teddies or daywear teddies. We stated:
The determinative test is the teddy's suitability for use as
either underwear or sleepwear; if the garment is clearly
unsuitable for use as one type of garment, it is
classifiable as the other. If the article is equally
suitable for use as sleepwear or underwear, classification
will then be determined on the basis of extrinsic evidence
demonstrating how the garment is designed, manufactured,
marketed, sold and used. If no evidence is submitted
which conclusively designates the article as sleepwear or
daywear, Customs will apply a GRI 3(c) analysis to determine
the proper classification of the subject merchandise.
In applying the above test to the merchandise at issue, we
find that a physical examination of the garment's design and
characteristics merely affirm our initial determination that the
chemise-styled garment is suitable for use as both sleepwear and
daywear. Similarly, examination of the limited evidence
submitted to this office as to how this garment is designed,
marketed, sold and used is also inconclusive. The only
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information we have received in this regard states that the
garment is described as a nightgown in an invoice description
and that an employee of Undercoverwear Inc. (a Ms. Palladino)
considers the garment a nightgown. This is not persuasive
evidence. Invoice descriptions and other internal documentation
may be self-serving and, without further, more compelling,
evidence as to how this garment is designed, marketed and sold,
we are unwilling to classify the subject merchandise as a
nightgown based on this evidence alone.
No single subheading covers the subject merchandise in its
entirety and accordingly classification cannot be accomplished by
application of GRI 1 alone. There are two competing subheadings
which are equally specific with regard to this merchandise,
6208.11.0000 and 6208.22.0000, HTSUSA, therefore GRI 3(a) does
not provide the relevant analysis.
GRI 3(b) is not determinative either because the garment at
issue is not comprised of component parts or put up as a set for
retail sale.
GRI 3(c) sets forth that when goods cannot be classified by
reference to GRI 3(a) or 3(b), they shall be classified under the
heading which occurs last in numerical order among those which
equally merit consideration. Accordingly, the article at issue
is properly classifiable as a nightgown under subheading
6208.22.0000, HTSUSA as that is the subheading which occurs last
in numerical order as between the two relevant subheadings
providing for slips and sleepwear.
HOLDING:
The article at issue is classifiable under subheading
6208.22.0000, HTSUSA, which provides for women's or girls'
singlets and other undershirts, slips, petticoats, briefs,
panties, nightdresses, pajamas, negligees, bathrobes, dressing
gowns and similar articles: nightdresses and pajamas: of man-made
fibers, dutiable at a rate of 17% ad valorem. The textile
category is 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 updated weekly and
is available at your local Customs office.
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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 importing the merchandise to determine
the current applicability of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division