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HQ 089357


July 11, 1991

CLA-2 CO:R:C:T 089537 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.92.4010

Ms. Florence A. Jurich
A.J. Jurich and Associates, Ltd.
510 King Street
Suite 424
Alexandria, VA 22314

RE: Men's sleep bottoms without matching tops not classifiable as pajamas; HRL 088635.

Dear Ms. Jurich:

This is in reply to your letter dated January 22, 1991, on behalf of Esquel Enterprises, Ltd., concerning the classification of a men's sleepwear garment under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was provided.

FACTS:

The article in question is a pair of men's woven polyester sleep pants. The rear portion of the waistband is elasticized; the front portion is flat and has a two button closure. The fly front opening is unsecured. While the sample is marked "Made in Hong Kong," you advise that the imported article will be manufactured in Sri Lanka.

ISSUE:

Whether sleep pants are classifiable under the provision for pajamas of heading 6207, HTSUSA, or under the residual provision of that heading for similar garments.

LAW AND ANALYSIS:

Heading 6207, HTSUSA, provides for, inter alia, men's or boys' woven nightshirts, pajamas and similar articles. Within the heading, there is a specific provision for pajamas and a residual provision for similar articles. Customs has held that pajama bottoms are not classifiable as pajamas. Headquarters Ruling Letter (HRL) 088635 dated May 24, 1991. There we stated in pertinent part:

[W]e find no support for the proposition that the common meaning of [the] term [pajamas] encompasses one part of a pajama set. In fact, it is questionable whether there can be pajama "bottoms" in the absence of pajama "tops." In such an event, it appears that what actually exists are sleep bottoms rather than pajama bottoms. Accordingly, pajama bottoms imported without their matching tops are not classifiable as pajamas.

The instant garment is similar to the sleep bottom of HRL 088635 and is therefore classifiable under the residual provision of heading 6207 for similar articles.

HOLDING:

The garment in question is classifiable in subheading 6207.92.4010, HTSUSA, under the provision for men's or boys' singlets and other undershirts...pajamas...and similar articles; other; of man-made fibers; other; sleepwear. It is dutiable at the rate of 11.2 percent ad valorem and is subject to textile quota category 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, 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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