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HQ 955296


January 12, 1994

CLA-2 CO:R:C:T 955296 CAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010; 6207.21.0030

Mr. Brian Harper
Harpur's Custom Sportswear
2501 Yonge Street, (at Castlefield Ave.)
Toronto, Ontario M4P 2H6

RE: Classification of men's pajamas; Heading 6207

Dear Mr. Harper:

This is in response to your inquiry of July 26, 1993, requesting a tariff classification ruling for men's pajamas under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The garments will be entered either through the port of Detroit, Michigan or Buffalo, New York. Two sets of pajamas were sent in for examination.

FACTS:

Two samples of men's woven cotton pajamas were submitted. The tops of each sample have long sleeves, a breast pocket, and a frontal opening with left over right button closures. The pants of each sample are hemmed, have an elasticized waistband with a double button closure, and feature a fly front opening with a button closure. One sample contains a fish design while the other sample has a plaid design.

The pajamas with the fish design are manufactured from fabric woven in the United States from cotton grown in the United States. The fabric is then sent to Canada where it is printed with the fish design and then cut and sewn into pajamas. The plaid pajamas are cut and sewn from cotton fabric imported from either the United States or China.

ISSUE:

What is the tariff classification for the merchandise in question?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's taken in order.

Heading 6207, HTSUSA, provides for men's or boys' singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles. Customs has consistently ruled that pajamas are generally two piece garments worn for sleeping. In this case, the garments at issue are specifically provided for under Heading 6207, HTSUSA. Moreover, the garments are instantly recognizable as two piece garments constructed and intended for wear during sleeping. Therefore, the goods in question are classifiable under Heading 6207, HTSUSA.

HOLDING:

The pajamas with the fish design are classifiable under subheading 6207.21.0030, HTSUSA, which provides for men's woven cotton pajamas. The applicable rate of duty is 9.5 percent ad valorem and the textile restraint category is 351. The plaid pajamas are classifiable under subheading 6207.21.0010, HTSUSA, which provides for men's woven cotton pajamas with two or more colors in the warp and/or the filling. The applicable rate of duty is 9.5 percent ad valorem and the textile restraint category is 351.

Textile merchandise which does not qualify as "originating" under the North American Free Trade Agreement (NAFTA), but which has been processed or further produced in Canada and exported from that country, may be subject to quantitative export or import limitations based upon international textile trade agreements. A visa is required if the goods are subject to such agreements.

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 applicable to textile merchandise, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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