CLA-2 R:C:T 957809 CMR
Mr. Miguel Ruiz
Miami International Forwarders
P.O. Box 523730
Miami, Florida 33152-3730
RE: Classification of men's woven flannel sleep shorts and sleep
pants
Dear Mr. Ruiz:
This is in response to your letters of March 1, 1995,
requesting classification rulings on men's sleep shorts and sleep
pants. As both requests are on behalf of the same importer,
Cypress Apparel Group, we are consolidating the requests and
response in this ruling. Samples were received with this
request.
FACTS:
A sample men's pair of shorts was submitted for
classification. You indicate the shorts are identified by style
numbers 92009, 92019 and 92029. The garment is made of 100
percent cotton woven flannel fabric. It features a completely
exposed (interior and exterior) 1-« inch elastic waistband, side
seam pockets, 2-inch side vents on outer leg openings, and a fly
front with a one button closure. The exposed elastic waistband
has the words "Tommy Hilfiger" embroidered on it with contrasting
color yarn and a label with the name "Tommy Hilfiger" sewn on it
at the front center. This garment will be made in Peru.
A sample men's pair of pants was submitted and you indicate
the pants are identified by style numbers 82009T, 82019T and
82029T. The garment, which extends from the waist to the ankles,
is made of 100 percent cotton woven flannel fabric. It features
a completely exposed (interior and exterior) 1-« inch elastic
waistband and a fly front with a one button closure. The exposed
elastic waistband has the words "Tommy Hilfiger" embroidered on
it with contrasting color yarn and a label with the name "Tommy
Hilfiger" sewn on it at the front center. The submitted sample -2-
does not have pockets, however you indicate that the garment will
have side seam pockets when imported. This garment will be made
in Turkey.
You submit that the importer claims that the shorts and
pants will be sold exclusively in sleepwear departments and on
rack type fixtures specially designed for "TOMMY HILFIGER"
products. The importer contends these garments are worn only to
bed.
You submitted copies of specification sheets for the
garments and examples of the hang tags that will be attached to
the garments when sold. The hangtags indicate the garments are
"sleepwear". No advertising material is available at this time
on these garments.
ISSUE:
Are the submitted garments classifiable as men's sleepwear
garments similar to pajamas and nightshirts in heading 6207,
Harmonized Tariff Schedule of the United States Annotated?
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]."
Heading 6207 provides for, among other things, men's
nightshirts, pajamas and similar articles. The Explanatory Notes
(EN) for the Harmonized Commodity Description and Coding System,
the official interpretation of the Harmonized System at the
international level, do not provide much additional information
than that provided by the language of the heading. The EN for
heading 6207 provides, in part, the following:
The heading also includes nightshirts, pyjamas, bathrobes
(including beachrobes), dressing gowns and similar articles
for men or boys (garments usually worn indoors).
It is often stated that "the merchandise itself may be
strong evidence of use." Mast Industries, Inc. V. United States,
9 CIT 549, at 552, citing United States v. Bruce Duncan Co., 50
CCPA 43, 46, C.A.D. 817 (1963). The garments at issue are
manufactured with a fabric, flannel, generally associated with
sleepwear garments. But, Customs notes that flannel is not
exclusively used for sleepwear and its popularity for use in
other garments appears to be increasing. These garments are -3-
styled similarly to men's pajama bottoms, though these cannot be
pajama bottoms as there are no matching pajama tops. See, 088489
of April 18, 1991. Certain features of the subject garments,
such as the side pockets and button fly, are features generally
associated with garments intended to be worn in public as opposed
to sleep garments.
Although the garments possess features not generally
associated with men's sleepwear bottoms, the styling and type of
fabric used in their manufacture is of the type associated with
sleepwear. In addition, you indicate the garments will be
marketed exclusively in sleepwear departments as part of a
sleepwear line.
As stated in Mast, at 551, "most consumers tend to purchase
and use a garment in the manner in which it is marketed." Based
upon the physical attributes of the garments and the manner in
which they will be marketed, Customs agrees that these garments
will be principally used as sleepwear and thus should be
classified as such.
HOLDING:
The men's woven cotton flannel shorts and pants at issue
here are classifiable as men's sleepwear garments similar to
pajamas and nightshirts in subheading 6207.91.3010, HTSUSA,
textile category 351, dutiable at 6.5 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
Commercial Rulings Division