CLA-2 CO:R:C:T 955088 CMR
TARIFF NO: 6104.42.0010, 6211.43.0010, 6114.20.0052
Ms. Pamela Osterland
Radix Group International
1947 Providence Court
College Park, Georgia 30337
RE: Classification of certain women's garments; loungewear;
sleepwear v. outerwear
Dear Ms. Osterland:
This ruling is in response to your requests of August 19,
1993, on behalf of Tamara Import, regarding the classification of
various women's garments. We have consolidated your separate
requests since the classification issue for the five samples
submitted is the same. In your requests, you state the garments
are sleepwear and may be imported from Taiwan, Singapore, Thailand,
Philippines, Sri Lanka and/or Hong Kong. Our New York office has
forwarded your submissions and samples to this office for a
response.
FACTS:
Five sample garments were submitted along with sketches,
garment specifications and a statement by the designer as to the
intended use of the garments and manner in which they are to be
marketed.
Style 90-684 is a women's full length jumpsuit made of 100
percent polyester woven fabric. The garment has long sleeves
without cuffs, a round neckline, wide legs, and a front opening
which extends from the neckline to just below the waist and is
secured by four covered buttons. The garment is styled so that it
is somewhat fitted at the waist.
Style 80-370 is a women's sleeveless pullover garment made of
60 percent cotton/40 percent polyester knit fabric. The garment
has a crew neck and capping at the armholes. It extends to about
mid-calf in length and has a 19-1/2 inch slit along the -2-
right side of the garment extending from the hem upwards to about
mid-thigh. The garment has the appearance of a casual-style
sleeveless pullover dress.
Style 90-370 is a women's short-sleeved, full length jumpsuit
made of 60 percent cotton/40 percent polyester knit fabric. The
garment has a rounded V-neckline trimmed with rib knit fabric, a
large patch pocket at the right hip, wide legs, and a front opening
which extends from the neckline to just below the waist secured
by four large buttons.
Style 90-339 is a women's sleeveless, tank-styled jumpsuit
made of 100 percent cotton knit fabric. The garment has a U-
shaped neckline with a functional drawstring that ties in the
front. It also features two-inch shoulder straps, an empire waist,
wide legs and extends to about mid-calf.
Style 90-337 is made of 100 percent cotton knit fabric and is
virtually identical to style 90-339 except it has a different print
pattern on its fabric.
ISSUE:
Are the submitted garments classifiable as sleepwear or as
outerwear?
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 and, provided
such headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
You seek classification of the subject garments as sleepwear
based upon the following factors:
1. the garments themselves;
2. the garments are manufactured by a factory producing
sleepwear and casual wear;
3. the garments are purchased at the wholesale level by
sleepwear buyers and sold at retail in the sleepwear
department of stores;
4. the garments would be advertised as sleepwear;
5. the importer of the garment is Vanity Fair through Tamara
Import; and,
6. the designer has designed the garments for sleeping or
lounging around the house.
-3-
In Mast Industries, Inc. v. United States, 9 CIT 549, 552
(1985), aff'd 786 F.2d 1144 (CAFC, April 1, 1986) the Court of
International Trade dealt with the classification of a garment
claimed to be sleepwear. The court cited several lexicographic
sources, among them Webster's Third New International Dictionary's
which defined "nightclothes" as "garments to be worn to bed." In
Mast, the court determined that the garment at issue therein was
designed, manufactured, and used as nightwear and therefore was
classifiable as nightwear. Similarly, in St. Eve International,
Inc. v. United States, 11 CIT 224 (1987), the court ruled the
garments at issue therein were manufactured, marketed and
advertised as nightwear and were chiefly used as nightwear.
The factors you submit as the basis for classification of the
submitted garments as sleepwear appear to follow the factors
enumerated by the court in both Mast and St.Eve. However, we are
not persuaded that the garments at issue are principally "garments
to be worn to bed".
The court in Mast took into consideration that the garment at
issue therein was manufactured in the lingerie divisions of the
Hong Kong factories producing the garment. The factory producing
the garments at issue here is not solely a producer of sleepwear;
it also produces casual wear. Therefore, we find no significance
in regard to the manufacturing factory. As stated in HRL 951182
of June 18, 1992, information regarding the manufacturing factories
may be of interest, but it is not determinative of the
classification of the article in the United States.
You state the garments will be purchased by sleepwear buyers
and sold in sleepwear departments. The environment of sale is a
factor which may be considered, however, Customs recognizes that
sleepwear and lingerie departments often sell a variety of
merchandise other than intimate apparel, for example, garments
known as leisure wear (i.e., loose, comfortable clothing worn in
or outside the home in a casual environment). Therefore, while
the environment of sale is a consideration, first and foremost is
the garment itself. The court in Mast pointed out that "the
merchandise itself may be strong evidence of use." Mast at 552,
citing United States v. Bruce Duncan Co., 50 CCPA 43, 46, C.A.D.
817 (1963).
Having examined the garments at issue, we find nothing in
their construction, fabric or styling to indicate that they are
designed primarily for wear to bed. In fact, the fabrics and
styling are suggestive of leisure wear or loungewear.
As to the designer's statement of the intended use of the
garments and the claim regarding advertising, the National Import -4-
Specialist who handles this merchandise has supplied this office
with marketing and advertising material from the Vanity Fair Five
to Nine Catalogues. The catalogues were obtained from Vanity Fair
in August 1993 and display current merchandise. The garments at
issue here are displayed in the catalogues.
The Five to Nine collection is described as a combination of
sleepwear and loungewear. It is described as:
* * * designed for the woman who wants comfort but won't
sacrifice her demands for style. She wants easy-care
merchandise that's versatile enough to wear on a run to the
store, to answer the door, to lounge on a Saturday morning,
and to sleep in. [emphasis added].
As stated earlier, nightwear as been defined as "garments worn
to bed." Therefore, in order to be classified as nightwear, the
garments at issue must be principally used as garments worn to bed.
The advertising for the subject merchandise makes it clear that
these garments are multi-purpose garments. They are not advertised
as sleepwear; they are advertised as more than sleepwear. They are
not principally to be worn to bed, but to be worn for a variety of
reasons or occasions, including shopping.
It is clear from the manner these garments are advertised that
wearing them to bed is but one possible use to be considered along
with many others.
While you have framed your request for classification of the
subject garments as sleepwear in the context of the factors
considered by the court in Mast, we do not consider the garments
to be sleepwear. We cannot view these garments as sleepwear
because they are not designed primarily to be worn to bed for
sleeping. See, HRL 951032 of May 7, 1992. As these garments are
not primarily or principally used as sleepwear, they cannot be
classified as such.
The competing classification provisions for the garments at
issue are the provision for knit dresses (heading 6104, HTSUSA),
and the provisions for "other garments" in Chapters 61 and 62.
Whereas classification as sleepwear is limited by definition to
garments worn to bed, classification in the competing provisions
is not so limited by use. Dress is a much broader term and
encompasses garments which fall within the common and commercial
understanding of the term dress and may be worn for a variety of
purposes. Similarly, "other garments" is a basket provision
including garments not more specifically provided for in other
headings of the chapter.
Style 80-370 has the appearance of a casual knit dress and
therefore is classifiable in heading 6104, HTSUSA. Jumpsuit is -5-
defined in Mary Brooks Picken's The Fashion Dictionary, at 210, as
"a women's garment, all-in-one bodice and pants, worn as casual
clothing or formal wear if made of fancy fabric". The remaining
garments fit this description and are therefore considered
jumpsuits. As a specific heading does not exist for these
garments, they are classifiable in the respective headings in
Chapters 61 and 62 for other garments, i.e., heading 6114, HTSUSA
and 6211, HTSUSA.
HOLDING:
Style 80-370 is classifiable as a women's knit cotton dress
in subheading 6104.42.0010, HTSUSA, textile category 336, dutiable
at 12.2 percent ad valorem.
Style 90-684 is classifiable as a women's woven jumpsuit in
subheading 6211.43.0010, HTSUSA, which provides for women's woven
other garments of man-made fibers: coveralls, jumpsuits and similar
apparel: other. The garment falls within textile category 659 and
is dutiable at 17 percent ad valorem.
Styles 90-370, 90-339 and 90-337 are classifiable as women's
knit jumpsuits in subheading 6114.20.0052, HTSUSA, which provides
for women's knit other garments of cotton; coveralls, jumpsuits
and similar apparel, other. The garments fall within textile
category 359 and are dutiable at 11.5 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 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