CLA-2 CO:R:C:T 957237 SK
Doris Acosta
WARNACO, INC.
90 Park Avenue, 12th floor
New York, N.Y. 10016
RE: Reconsideration of PC 801356 (8/31/94); affirmed; classification of men's woven
pants; loungewear v. pajamas; 6203.42.4015; presence of three pockets indicative of
garment's status as loungewear.
Dear Ms. Acosta:
On August 31, 1994, this office issued to you preclassification ruling letter
(PC) 801356 in which style numbers U7130 and U7131 were classified as men's
pants of subheading 6203.42.4015, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). In your letter of October 19, 1994, you ask this office to
reconsider the holding in that ruling. Our analysis follows.
FACTS:
The submitted sample, referenced style number U7130, is a pair of men's
woven brushed cotton pants. They have an elasticized turned-over waistband with a
functional drawstring, a one-button closure at the waist, a placketed fly opening with
a two-button closure, two inserted side seam pockets, a rear pocket with a one-button
closure and hemmed leg bottoms. The words "Calvin Klein" are printed on the
exterior surface of the waistband at recurrent intervals. Style U7131 is identical in all
respects except for color.
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ISSUE:
Are styles U7130 and U7131 classifiable as men's pants under heading 6203,
HTSUSA, or as pajamas under heading 6207, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed by the General
Rules of Interpretation (GRI's). GRI 1 provides that classification shall be
determined according to the terms of the headings and any relative section or chapter
notes, taken in order. Merchandise that cannot be classified in accordance with GRI
1 is to be classified in accordance with subsequent GRI's.
When confronted with garments which are claimed to be of a particular class,
yet resemble articles of another class, Customs will first examine the article itself and
its particular design features and thereafter any other extrinsic evidence pertaining to
the marketing, advertising and sale of the article.
In the instant case, a physical examination of style U7130 reveals several
features which are incongruous with classification as men's pajamas. The presence of
three pockets is not a feature typically found on sleepwear bottoms. While some
sleepwear garments may possess pockets of a decorative nature (i.e., breast pockets on
sleepwear tops or rear pockets without a closure), we are of the opinion that these
three pockets, consisting of two side-seam pockets and one rear pocket with a button
closure, remove styles U7130 and U7131 from the realm of men's sleepwear. Simply
put, there is no need for side-seam pockets and rear pockets with button closures on
garments that are primarily to be used as pajamas. Pockets such as these, however,
are a common feature on men's pants and the wearer would likely find them useful
while lounging at home or wearing these garments as a casual mode of outerwear
dress. We also note that these pants possess a substantial two-button fly which
provides sufficient coverage so as to enable the garment to be worn as outerwear.
While the overall design of these garments is such that they conceivably may be used
as pajamas, this office is of the opinion that the presence of the three pockets and
closed fly indicate that they will principally be used as loungewear.
You did not provide evidence establishing how these garments are to be
marketed. In an effort to find out how this class of garment is treated in the trade, a
Customs National Import Specialist surveyed several department stores. Three out of
four salespersons surveyed at different department stores stated that garments
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substantially identical to styles U7130 and U7131 were sold to consumers as
loungewear.
On the basis of the foregoing, this office is of the opinion that the classification
in PC 801356 is correct and styles U7130 and U7131 are properly classifiable as
men's loungewear of heading 6203, HTSUSA.
HOLDING:
PC 801356 is affirmed.
Styles U7130 and U7131 are classifiable under subheading 6203.42.4015,
HTSUSA, which provides for, inter alia, other men's trousers of cotton, dutiable at a
rate of 17.6 percent ad valorem. The applicable textile quota category is 347.
The designated textile and apparel categories 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 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 for inspection at a
local Customs office.
Due to the nature of the statistical annotation (the ninth and tenth digits of
the classification) and the restraint (quota/visa) categories, you 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
Commercial Rulings Division