United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 NY Rulings > NY 800371 - NY 800699 > NY 800558

Previous Ruling Next Ruling
NY 800558




August 1, 1994

CLA-2-62:S:N:N5:360 800558

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0054; 6204.62.4020; 6204.62.4055

Ms. Kathy Redey
Eddie Bauer, Inc.
15010 N.E. 36th Street
Redmond, WA 98052

RE: The tariff classification of women's woven garments from Hong Kong; loungewear v. pajama components

Dear Ms. Redey:

In your letter dated July 21, 1994, you requested a tariff classification ruling. The three samples you submitted, styles 10222, 10231 and 10228, will be returned to you under separate cover.

All three garments are made from 100% cotton woven chambray fabric. You state that the garments, which will be individually marketed and sold, are a pajama top, pant and short. The reason for this marketing strategy is to offer your customers the option of buying a different size top and bottom depending on the needs of the individual.

Style 10222 (10221, in petites) is a pair of shorts. The pull-on garment has an elasticized waistband with a drawstring and a hemmed bottom.

Style 10231 (10232, in petites and 10233, in tall) is a pair of pants. The pull-on garment has an elastic waistband with a drawstring and a hemmed bottom.

Style 10228 (10230, in petites) is a blouse. The garment has a V-neck opening, full frontal opening secured by three buttons, long sleeves without cuffs and two front patch pockets located below the waist.

Although you have indicated that these garments are purchased by your sleepwear buyer and will be displayed in the catalog section displaying robes, pajamas and nightshirts, in fact, these garments will be advertised in your catalog under the heading "loungewear". You further state that the garments were designed, manufactured and will be marketed "as garments to be worn to bed, but can also be worn while lounging around the house." The fact that these garments will be sold in the sleepwear section of your catalog does not lead to the conclusion that the garments are sleepwear. Customs has recognized that intimate apparel/sleepwear departments often sell a variety of merchandise, includng garments intended for use as outerwear.

You identified the garments as sleepwear/loungewear. These garments are clearly intended for multiple uses. To be condidered sleepwear a garment must principally be worn to bed. Based upon the garments submitted, it is not axiomatic that they will principally be used as sleepwear. Accepting your designation of the garments as loungewear, the principal use of these garments is wear in and around the home and possibly outside the home. As loungewear, these garments would not be classifiable as sleepwear for tariff purposes.

The applicable subheading for the shorts will be 6204.62.4055, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' suits...trousers, bib and brace overalls, breeches and shorts (other than swimwear): Of cotton: Other: Other: Other: shorts. The rate of duty will be 17.7 percent ad valorem.

The applicable subheading for the pants will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' suits...trousers, bib and brace overalls, breeches and shorts (other than swimwear): Of cotton: Other: Other: Other: Trousers and breeches: Women's: Other. The rate of duty will be 17.7 percent ad valorem.

The applicable subheading for the shirt will be 6211.42.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of other textile materials: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206: with two or more colors in the warp and/or fillings. The rate of duty will be 8.6 percent ad valorem.

The pants and shorts fall within textile category designation 348; the shirt within category 341. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement and are not currently subject to quota restraints.

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 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

Previous Ruling Next Ruling

See also: