CLA-2 CO:R:C:T 952528 jb
Suzanne B. Barnett, Esquire
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, NY 10017
RE: Request for reconsideration of DD 875484; women's chemise
style garment; sleepwear or slip; proper classification,
sleepwear; subheading 6208.22.0000, HTSUSA
Dear Ms. Barnett:
This is in response to your letter dated September 4, 1992,
on behalf of your client, G.J.M, requesting reconsideration of
District Decision (DD) 875484, dated July 15, 1992, classifying a
large size women's chemise as sleepwear. A sample was submitted
for examination and will be returned to you under separate cover.
FACTS:
The submitted sample, Style 28638, was classified by our
office in Norfolk, Virginia, as a sleepwear garment in DD 875484.
The article is a large size woman's chemise manufactured
from a 100 percent woven polyester satin fabric. The garment
extends to approximately three inches above the knee and features
two inch wide nonadjustable shoulder straps, flared bottom, three
button front closure and contrasting colored lace trim around the
top edge and front opening.
ISSUE:
Whether the article in question may be classified as
sleepwear in subheading 6208.22.0000, HTSUSA, or as a slip in
subheading 6208.11.0000, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed
according to the General Rules of Interpretation (GRI). GRI 1
requires that classification be determined according to the terms
of the headings and any relative section or chapter notes, taken
in order. Where goods cannot be classified solely on the basis
of GRI 1, the remaining GRI will be applied in the order of their
appearance.
You state that the garment should be classified as a slip
and refer to HQ 950689, dated June 30, 1992, to substantiate your
claim.
You indicate that the shoulder straps were developed in
response to requests by Lane Bryant customers for daywear with
shoulder straps that would conceal brassiere straps. As such,
you cite a specification sheet and purchase order which refer to
the garment as a "trapeze strap chemise" and "chiffon strap
chemise" respectively, as proof that the garment has been
designed, marketed and sold as a slip.
A "chemise" is defined as:
1. The "easy-going type" of dress, cut slimly and with no
definite waistline in sight. It drops from the shoulder,
must fit well at the bosom and hips although it ignores
the waist completely. Usually worn short for
effectiveness and sometimes referred to as a "shift".
George E. Linton, The Modern Textile and Apparel
Dictionary, at 98, (1973)
2. Loose combination undergarment for women, hanging
straight from the shoulders, covering torso. Originally,
with or without sleeves, worn next to skin; formerly
called shift, also smock. Mary Brooks Picken, The
Fashion Dictionary, at 64, (1973)
3. A woman's one-piece undergarment; a loose straight-
hanging dress. Webster's Ninth New Collegiate
Dictionary, at 231, (1991)
These definitions illustrate that the term "chemise" is
vague at best and is not exclusively attributed to slips.
As was stated in HQ 950214, dated July 16, 1992, classifying
similar merchandise:
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.
When confronted with an ambiguous garment such as the
submitted sample, whose use can be attributed to dual use,
Customs has used a "suitability" test to determine
classification. As was stated in Headquarters Ruling Letter
(HRL) 951184, dated June 19, 1992, classifying women's teddies as
either sleep teddies or daywear teddies:
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.
The instant garment differs significantly from those subject
to HRL 950689. The garments of HRL 950689 lacked a button front
closure and featured thin, self fabric shoulder straps. Neither
convincing are the internal correspondence to which you refer,
namely the specification sheet and purchase order. Documents
such as these are self-serving and without further, more
compelling evidence as to how this garment is designed, marketed
and sold, we cannot base classification on this evidence alone.
Some aspects of the silhouette and styling of this garment
are not ordinarily associated with slips. Such features include
button fronts, non-adjustable straps, and wide different fabric
straps which are gathered into the top edge. It is also our
opinion that the bottom edge of the garment flares wider than
would usually occur on slips. This type of garment is more
commonly and commercially recognized as a nightdress.
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. As there is insufficient evidence to
substantiate a finding that the submitted garment is a slip, and
the article does have some non-traditional slip features, it is
Customs' opinion that Style 28638, was properly classified as
sleepwear in subheading 6208.22.0000, HTSUSA.
HOLDING:
The garment, Style 28638, is a sleep chemise classified in
subheading 6208.22.0000, HTSUSA. The applicable rate of duty is
17 percent ad valorem and the textile category is 651.
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 negotiations and
changes, to obtain the most current information available we
suggest your client check, close to the time of shipment, the
Status Report On Current Import Quotas (Restraint Levels), an
issuance of the U.S. Customs Service which is updated weekly and
is available for inspection at the 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, your client should contact the
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