CLA-2 CO:R:C:T 088489 CRS
Mitchel R. Scher
President
Vandegrift Forwarding Company, Inc.
One Evertrust Plaza
Jersey City, N.J. 07302
RE: Robes and boxer-style shorts coordinated by color and design
are class or kind of merchandise similar to sleepwear.
Dear Mr. Scher:
This is in reply to your letter dated December 19, 1990, to
our New York office, on behalf of your client Van Baalen Pacific
Corp., concerning the classification of men's sleep shorts and
robes under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). Four samples were submitted.
FACTS:
The merchandise in question consists of two men's robes,
styles 1261/236 and 1262/236, and two men's sleep shorts, styles
1261/529 and 1262/529. The robes and shorts are made from 100
percent woven rayon and are manufactured in Hong Kong.
The robes extend below the mid-shin, have a full frontal
opening secured by a self-belt, three-quarter length sleeves and
side pockets below the waist. Both robes are described as "one
size."
The boxer style shorts have a fly front with a one button
closure and a partially elasticized waistband with a two button
closure. Both pair of shorts are size medium. The leg opening
is larger than the relaxed waist opening. The robes and shorts
are coordinated in terms of color and design.
ISSUE:
Whether the robes and shorts in question are classifiable as
men's pajamas, dressing gowns and similar articles of heading
6207, HTSUSA.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRIs) govern the
classification of merchandise under the HTSUSA. GRI 1 provides
that articles should first be classified according to the terms
of the headings and any relative section or chapter notes and
then, provided the headings or notes do not otherwise require,
according to the remaining GRIs taken in order.
Heading 6207, HTSUSA, provides in pertinent part, for men's
or boys' pajamas, bathrobes, dressing gowns and similar articles.
Note 8, Chapter 62, HTSUSA, provides that articles which cannot
be identified as men's or boys' garments are to be classified as
women's or girls' garments. In Headquarters Ruling Letter (HRL)
085848 dated December 14, 1989, we stated that men's upper body
garments that were "labeled 'One Size Fits All' are not sized to
a specific customer and are considered as unisex garments." See
HRL 087531 dated October 9, 1990. The instant robes, although
labeled as being suitable for all sizes are imported with sleep
shorts that are sized as men's mediums; moreover, the robes are
of the same color and pattern as the shorts with which they form
a set. Thus while the robes are "one size," in Customs' opinion
they are designed for men and are therefore classifiable in
heading 6207.
The boxer-style sleep shorts resemble men's boxer short
underwear. However, they are made from rayon, a fabric not
commonly used for men's underwear. In addition, the rolled top
of the partially elasticized waistband indicates that the
garments are not underwear. Finally, they are imported and form
a set with the color and design coordinated robes. Accordingly,
Customs is of the opinion that the instant boxer-style shorts are
a class or kind of merchandise similar to sleepwear of heading
6207.
HOLDING:
The robes, styles 1261/236 and 1262/236, are classifiable in
subheading 6207.92.2020, HTSUSA, under the provision for men's or
boys'...pajamas, bathrobes, dressing gowns and similar articles;
other; of man-made fibers; bathrobes, dressing gowns and similar
articles; other. They are dutiable at the rate of 17 percent ad
valorem and are subject to textile category 650.
The sleep shorts at issue, styles 1261/529 and 1262/529, are
classifiable in subheading 6207.92.4000, HTSUSA, under the
provision for men's or boys'...pajamas, bathrobes, dressing gowns
and similar articles; other; of man-made fibers; other. They are
dutiable at the rate of 11.2 percent ad valorem and are subject
to quota category 652.
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.
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