CLA-2 CO:R:C:T 951032 PR
6110.20.2065; 6114.20.0055
Mr. Robert E. Murphy
Vice President Operations
Host Apparel, Inc.
1359 Broadway
New York, New York 10018-7196
RE: Classification of Five Samples; Sleepwear vs. Outerwear;
Shirts; Trousers; Shorts; Pullovers; and One-Piece Garments
Dear Mr. Murphy:
This is in reply to your letter of January 3, 1992,
concerning the classification of five submitted garments. Our
ruling on the matter follows.
FACTS:
Each of the submitted samples contain the label "COLOURS by
ALEXANDER JULIAN".
Style A003 is a man's upper body garment which is
constructed from 100 percent cotton, finely knit jersey fabric
containing 12 stitches per linear centimeter in the horizontal
direction and 14 stitches per linear centimeter in the vertical
direction. It has short set-in sleeves with rib knit cuffs; a
partial front opening secured with a single button; a rib knit
neckband; contrasting colored front and rear yokes; an
embroidered logo on the left chest; a hanger loop at the rear
neckline; and a hemmed bottom with side slits and a tail.
Style A005 is a man's pair of pants constructed from 100
percent finely knit jersey fabric. The garment has a fully
elasticized tunnel waistband with an interior drawstring; side
seam pockets of contrasting colored fabric; a rear patch pocket
with an embroidered logo; a hanger loop at the center rear near
the waistband; and rib knit cuffs.
Style A006 is a man's pair of shorts constructed from 100
percent cotton finely knit jersey fabric. The garment has a
fully elasticized tunnel waistband with an interior drawstring;
side seam pockets of contrasting colored fabric; a rear patch
pocket with an embroidered logo; a hanger loop at the center rear
near the waistband; and hemmed leg openings. A strip of
contrasting colored knit fabric, approximately two inches wide is
sewn to the bottom of each leg opening giving the garment a
layered appearance.
Style A008 is a man's one piece garment which is made from
100 percent cotton finely knit jersey fabric. The upper portion
resembles an athletic tank top while the bottom portion is
constructed in the manner of shorts. It has shoulder straps
which measure 1-1/2 inches wide at the shoulder seam; oversized
armholes; a low rounded front neckline; a rear neckline which
reaches below the nape of the neck; contrasting colored fabric
capping at the neckline and armhole openings; hemmed legs; a
hanger loop at the center rear neckline; and a patch pocket on
the rear right side near the hip.
Style A009 is a man's pullover garment which is constructed
from 100 percent cotton finely knit jersey fabric. It has long
sleeves with rib knit cuffs; a rib knit waistband; a front pocket
at the waist, approximately 20 inches wide and 7-1/2 inches high,
with two side openings; a hood with a contrasting colored lining;
a hanger loop at the center rear neckline; and an embroidered
logo on the left chest.
The importer states:
[it] and its subsidiaries have been for over 30 years
a manufacturer and importer of Sleepwear (Robes,
Pajamas & Loungewear). We do not sell any other
commodities. We are a major source for the Retail
Industry and as such sell exclusively to Sleepwear
Departments.
ISSUE:
The issue presented is whether the samples belong to a class
of garments which are primarily used for sleeping, and,
therefore, are classifiable as nightwear.
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.
Heading 6107, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), provides for men's knit nightshirts,
pajamas, and similar articles.
In classifying sleepwear, Customs follows court decisions
and long standing classification practices in its interpretation
of which garments are classifiable as sleepwear (or nightwear).
In Mast Industries v. United States, 9 CIT 549, aff'd 786 F.2d
1144 (1986), the court stated that the definition of nightclothes
was "garments worn to bed".
In addition, Customs Textile and Apparel Category
Guidelines, 53 F.R. 52564, CIE 13/88 (1988), state that
"nightwear" means sleepwear, so that garments worn to bed in the
day time are included under that designation. It also states
that "Other nightwear" includes various articles worn for
sleeping, but does not include negligees, bed jackets, sleep
coats, or other apparel designed to be worn over sleepwear.
Accordingly, since the importer sells, in addition to
pajamas, robes and loungewear, it cannot be said that the
importer deals exclusively in sleepwear apparel.
Our National Import Specialist has reported:
After examining the garments in question, we find
that there is nothing about the styling, fabric, cut,
or construction of these garments which indicate that
they were designed primarily for wear to bed. Rather,
the garments are designed and constructed in the manner
and style of knit sportswear. We believe that these
garments are part of the relatively new men's
loungewear trade where the garments are designed for
comfortable wear in and around the home. Garments of
this type are multi-purpose garments rather than
garments designed primarily to be worn to bed for
sleeping.
HOLDING:
Style A003, while capable of being slept in, clearly belongs
to a class of garments commonly worn as, and commercially known
as, shirts. Accordingly, it is classifiable under the provision
for men's knit cotton shirts, in subheading 6105.10.0010, HTSUSA,
with duty at the rate of 21 percent ad valorem. The applicable
textile category number is 338.
Style A005 more resembles warm-up style trousers than
sleepwear and is classifiable under the provision for men's knit
cotton trousers, in subheading 6103.42.1020, HTSUSA, with duty at
the rate of 17.1 percent ad valorem. The applicable textile
category number is 347.
Style A006 is a pair of shorts used for lounging or other
activities around the home. It is classifiable under the
provision for men's knit cottons shorts, in subheading
6103.42.1050, HTSUSA, with duty at the rate of 17.1 percent ad
valorem. The applicable textile category number is 347.
Style A008, a one-piece garment that covers both the upper
and lower torso, also appears to be a garment that would be
primarily used for lounging rather than sleeping. Since it is
not more specifically provided for, it is classifiable under the
provision for other men's or boys' knit cotton garments, in
subheading 6114.20.0055, HTSUSA, with duty at the rate of 11.5
percent ad valorem. The applicable textile category number is
359.
Style A009, with its hood, rib knit cuffs and waistband, and
large front pocket, more closely resembles a sweatshirt than it
does a garment designed for sleeping. However, since it is not
made of material commonly associated with sweatshirts, it is not
classifiable as a sweatshirt, but rather as an other men's or
boys' pullover, similar to a sweatshirt, in subheading
6110.20.2065, HTSUSA, with duty at the rate of 20.7 percent ad
valorem. The applicable textile category number is 338.
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