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HQ 088277


March 5, 1991

CLA-2 CO:R:C:T 088277 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000

Norman Katz, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: Women's pajamas; blouses and pants; loungewear; GRI 3(a); NYRL 856982 revoked.

Dear Mr. Katz:

This is in reply to your letter dated November 6, 1990, to our New York office, on behalf of your client, Fair Oaks Textile, Inc., in which you requested reconsideration of New York Ruling Letter (NYRL) 856982 dated October 26, 1990. A sample was provided.

FACTS:

The merchandise in question is a women's two piece garment, style 48112, made from 100 percent woven polyester satin fabric. The upper or blouse portion of the garment extends to the hip and features a full front double breasted opening secured by self fabric covered buttons, short sleeves with cuffs, a shawl collar, side slits and straight bottom. The collar and cuffs are made from a jacquard fabric with polka dot pattern. The lower portion of the garment consists of a pair of pull on pants with fully elasticized waist and hemmed legs.

In NYRL 856982, the blouse to style 48112 was classified in subheading 6206.40.3030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), while the pants were classified in subheading 6204.63.3510, HTSUSA. You contend, however, that style 48112 should instead be classified as women's pajamas in subheading 6208.22.0000, HTSUSA. In support of this you cite District Ruling 856754 dated October 17, 1990, issued to your client, in which garments similar to style 48112 were classified as pajamas. In addition, you have submitted an excerpt from a catalogue in which the instant merchandise is advertised as a "long pajama ... two piece sleep set."

ISSUE:

Whether style 48112 is classifiable as pajamas or separately as a blouse and pants.

LAW AND ANALYSIS:

Articles are classified under the HTSUSA in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that articles are to classified according to the terms of the headings and any relative section or chapter notes and, provided the headings or notes do not otherwise require, according to the remaining GRIs taken in order.

Heading 6208, HTSUSA, provides for, inter alia, women's and girls' ... nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles. Heading 6204, HTSUSA, provides for, inter alia, women's and girls' trousers. Heading 6206, HTSUSA, provides for, inter alia, women's or girls' blouses. The garment in question resembles a pair of pajamas (sleepwear); however, it is also similar to leisure/lounge wear and thus has features common to blouses and trousers.

When goods are, prima facie, classifiable under two or more headings, GRI 3(a) states that the heading which provides the most specific description is to be preferred to headings offering a more general description. You have submitted an excerpt from your client's catalogue indicating that the instant garment is advertised and sold as sleepwear. This alone is not dispositive. Nevertheless, absent any design features that would preclude classification as pajamas, style 48112 is therefore classifiable in heading 6208, HTSUSA, pursuant to GRIs 1 and 3. See generally Headquarters Ruling Letter (HRL) 082118 dated May 20, 1988, for a discussion of the use of advertising material in distinguishing between sleepwear and leisure wear.

HOLDING:

Style 48112 is classifiable in subheading 6208.22.0000, HTSUSA, under the provision for women's or girls' ... pajamas ... and similar articles, nightdresses and pajamas, of man-made fibers, and is dutiable at the rate of 17 percent ad valorem. The textile category is 651.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are revoking NYRL 856982 to reflect the above classification effective with the date of this letter. However, if, after your review, you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter
for our review. Any submission you wish to make should be received within thirty days of the date of this letter.

This notice to you should be considered a revocation of NYRL 856982 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to NYRL 856982 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, NYRL 856982 will not be valid precedent. We recognize that pending transactions may be adversely affected by this revocation in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, your client may, at its discretion, notify this office and apply for relief from the binding effects of this decision as may be warranted by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

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,


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