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HQ 088489


April 18, 1991

CLA-2 CO:R:C:T 088489 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.92.2020; 6207.92.4000

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,


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