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HQ 085275


November 14, 1989

CLA-2 CO:R:C:G 085275 CMR 843566

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.21.0010

Ms. Lorraine Dugan
Associated Merchandising Corporation
50 Terminal Road
Secaucus, New Jersey 07096

RE: Classification of two women's garments under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) and Reconsideration of NYRL 840903 of June 2, 1989

Dear Ms. Dugan:

This ruling is in response to your letter of July 17, 1989, requesting the classification of two women's garments, styles 6117 and 6136. A sample of each style has been submitted for review.

FACTS:

Style 6117 is made from 100 percent woven cotton yarn dyed striped fabric. It has a full front opening with a seven-button closure, long sleeves with single button cuffs, a double ply rear shoulder yoke, two patch pockets at the chest, a pointed collar with collarband, a rounded tail bottom, and a back pleat. The garment is manufactured in India by Orient Fashions in sizes small, medium and large.

Style 6136 is also made from 100 percent woven cotton yarn dyed striped fabric. It has a full front opening with a nine-button closure, a partially concealed front placket, long sleeves with single-button cuffs, a collarband neckline with no collar, a rounded tail bottom, a back pleat, a double ply rear shoulder yoke, and an inset chest pocket with a single-button closure. The garment is manufactured in India by ASU Traders in sizes small, medium and large.

In addition to the classification of the above described garments, it has been requested by the New York Customs office that, in light of the submission of the garments now before us, we reconsider the classification of a set of garments, style 6118, which were classified in NYRL 840903 of June 2, 1989, as sleepwear.

ISSUE:

Are the submitted garments classifiable as women's blouses in subheading 6206.30.3010, HTSUSA, or are they classifiable as women's sleepwear in subheading 6208.21.0010, HTSUSA?

Was style 6118 properly classified as sleepwear in NYRL 840903?

LAW AND ANALYSIS:

Classification of products 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].

The submitted garments, styles 6117 and 6136, appear to be oversized shirts. These garments are similar to oversized shirts often found and sold in sleepwear departments. While you indicated in your letter that these are blouses, we understand that the store department number, 039, and the store code, 015, indicate that the garments were purchased by P.A. Bergners for their junior sleepwear department. Additionally, the Associated Merchandising Corporation (AMC) tags attached to the garments indicate that although the garments are described as tops on the tags, the product area designation for each is AMC sleepwear. Furthermore, according to the New York Customs office, style 6117 is identical to the upper component of style 6118 which was described as a pajama set in your submission.

Although we have not been provided with any advertisement material in regard to the garments at issue, based on the information obtained regarding the submitted purchase orders and from an examination of the garments themselves, we believe these garments are intended for marketing and sale as sleepwear.

HOLDING:

The submitted garments, styles 6117 and 6136 are classified as sleepwear in subheading 6208.21.0010, HTSUSA, which provides for women's cotton nightdresses and pajamas with two or more colors in the warp and/or the filling. The garments fall in textile category 351 and are dutiable at 9.5 percent ad valorem.

Based on the above stated information, particularly in regard to the store department number and store code number, we believe style 6118 was properly classified in subheading 6208.21.0010, HTSUSA, in NYRL 840903.

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

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