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HQ 089358


August 12, 1991

CLA-2 CO:R:C:T 089358 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.91.3010

Diane L. Weinberg, Esq.
Sandler, Travis & Rosenberg, P.A.
505 Park Avenue
New York, NY 10022-1106

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

Dear Ms. Weinberg:

This is in reply to your letter dated April 29, 1991, to our New York office, on behalf of PGA Apparel Industries, concerning the classification of sleep bottoms. Samples were provided.

FACTS:

The merchandise at issue consists of two pair of men's woven sleep bottoms manufactured in and imported from the Dominican Republic. One is a pair of sleep shorts; the other a pair of sleep pants. The garments are made from 100 percent cotton flannel and have neither pockets nor fly.

ISSUE:

Whether the garments in question are classifiable as pajamas or as other sleepwear.

LAW AND ANALYSIS:

Heading 6207, HTSUSA, provides for, inter alia, men's or boys' nightshirts, pajamas, bathrobes, dressing gowns and similar articles. Within this heading there is a subheading provision for nightshirts and pajamas, and a residual provision for similar articles. Customs considers pajamas to be two piece garments. In Headquarters Ruling Letter (HRL) 088635 dated May 24, 1991, 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 garments are similar to the sleep bottoms of HRL 088635 and are therefore classifiable under the residual provision of heading 6207. See also, HRL 089357 dated July 11, 1991.

HOLDING:

The garments in question are classifiable in subheading 6207.91.3010, HTSUSA, under the provision for men's or boys' singlets...nightshirts, pajamas, bathrobes, dressing gowns and similar articles; other; of cotton; other; sleepwear. They are dutiable at the rate of 6.5 percent ad valorem and are subject to textile quota category 351.

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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