CLA-2 CO:R:C:T 956663 CAB
Ms. Lanping Hu
Global Development Co.
2330 Edenborn Avenue. #206
Metairie, LA 70001
RE: Classification of boys' sleepwear; playwear; Heading 6207
Dear Ms. Hu:
This is in response to your inquiry of June 14, 1994,
requesting a tariff classification ruling for children's garments
under the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). Samples were submitted for examination.
FACTS:
The garments at issue are children's Chinese style pull-on
pants and a matching shirt. The pants have an elasticized waist
and contrasting color trim around the bottom of each leg.
The shirt has short sleeves, a snap placket closure which fastens
left over right, mock frog closures over the snap sites, pockets at
the waist, slit side seams, and contrasting color trim around the
sleeves, pockets, waist, and front opening. The shirt also
contains embroidered Chinese illustrations of people on both shirt
panels.
ISSUE:
Whether the merchandise at issue is classifiable as playwear
or sleepwear?
LAW AND ANALYSIS:
Classification of goods 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. Merchandise
that cannot be classified in accordance with GRI 1 is to be
classified in accordance with subsequent GRI's taken in order.
The importer believes that the subject garment is classifiable
as in textile category 659. To obtain the appropriate quota
category, Customs must first determine the proper tariff
classification provision for the subject merchandise.
At first glance, the subject garments appear to either be
classifiable as sleepwear or playwear. In some instances,
Customs consults the Textile Category Guidelines [hereinafter
Guidelines], C.I.E. 13/88, as a guide when classifying certain
types of merchandise. The Guidelines states the following
regarding playsuits:
In general, this category covers items of very informal dress
for children and is essentially a grouping of children's
lightweight playwear garments, although heavier fabrics are
also used. Children's two-piece physically connected
entireties, such as shirts and shorts having matching buttons
and buttonholes, or shoulder loops with suspender straps
designed to join the two pieces, which are so manufactured
that the use of one without the other is not practicable. *
* *
The instant garments are not physically connected or
sufficiently dependent upon each other to be solely worn together.
Granted the pants and shirt are constructed of the same type of
fabric and are color-coordinated, however, nothing in the design of
either garment prevents it from being worn separately. Therefore,
the garments are not classifiable as a playsuit.
The sleepwear provisions of the tariff schedule are eo nomine,
by use provisions. That is, merchandise is classifiable under the
appropriate provision if merchandise is used as sleepwear. In this
regard, U.S. Rule of Interpretation 1(a) provides that in the
absence of context to the contrary, a tariff classification
controlled by use, other than actual use, is to be determined by
the principal use in the United States at, or immediately prior to
the date of importation of goods of the same class or kind of
merchandise. Principle use is that use which exceeds any other
single use. In order to determine the principle use of
merchandise, Customs will usually look to how that merchandise is
viewed in the commercial arena. (See, Headquarters Ruling Letter
(HRL) 088192, dated February 20, 1991).
In the commercial arena, we believe that the subject garments
are viewed as sleepwear.
This belief is based on the garments' general appearance. The
characteristics indicative of sleepwear are the garments' loose
fit, and light fabric weight. This light fabric weight is of a
weight and thickness normally associated with sleepwear garments.
The shirt and pants are imported together and packaged for retail
sale as a set in a single plastic bag. Therefore, we believe that
the garments at issue are of a class or kind of merchandise that
will be principally used as sleepwear.
HOLDING:
Based on the foregoing, the subject garments are classifiable
in subheading 6207.22.0000, HTSUSA, which provides for boys'
nightshirts and pajamas of man-made fibers. The applicable rate of
duty is 17 percent ad valorem and the textile restraint category is
651.
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 applicable to textile
merchandise, you should contact your local Customs office prior to
importing the merchandise to determine the current status of any
import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division