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HQ 950110




November 12, 1991

CLA-2 CO:R:C:T 950110 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0010

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

RE: Classification of Men's Pajamas--"Long Johns" and "Short Johns"

Dear Ms. Weinberg:

This is in reply to your letter of July 15, 1991, on behalf of Harwood Manufacturing Co., concerning two submitted men's garments, stated to be sleepwear. You requested a ruling on the tariff classification and marking of the garments. Your request concerning marking has been referred to our Value and Marking Branch for their direct reply. Our ruling on the classification of the merchandise follows.

FACTS:

You state that the merchandise will be assembled in Honduras from United States components. Both samples are made from a woven yarn dyed cotton brushed flannel fabric that has a pink and black plaid design. Each appears to be loose-fitting. The sample labeled "2283" is a coverall-type garment. It has long sleeves and ankle-length legs; rib knit collar and cuffs (on both the sleeves and the legs); a seven button front opening which extends from the neck to below the waist; and a "drop-seat" rear opening secured with four buttons. It will be sold with a "CHARLES GOODNIGHT" label in the collar and hang tags with the name "GOODNIGHT" prominently displayed.

The sample labeled "2284" is the same as 2283, except that it has short sleeves, and legs that do not reach the knee.

ISSUE:

The issue presented is whether the garments are classifiable under subheading 6207.21.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men's cotton pajamas with two or more colors in the warp and/or the filling.

LAW AND ANALYSIS:

Imported goods are classifiable according to the General Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule of the United States (HTSUSA). GRI 1 provides that for legal purposes, classification shall be determined according to the terms of the headings in the tariff and according to any pertinent section or chapter notes. It does not appear that we need go beyond GRI 1 in order to classify the instant merchandise.

Customs has held that pajamas are normally two-piece sets of sleeping attire. Customs Headquarters Ruling Letter (HRL) 088635, dated May 24, 1991; HRL 089367, dated July 31, 1991; HRL 089052, dated July 12, 1991. However, in each of those decisions we recognized that there are one-piece pajamas.

It appears from the [Textile and Apparel] Guidelines that while Customs may recognize the existence of one-piece pajamas, such garments are ones that provide full or almost full body coverage.

The sample labeled 2283 is an example of the type of one-piece pajamas which provides full body coverage. The sample labeled 2284 is almost identical, but with slightly less body coverage. Accordingly, in view of their fabric, labeling, and fit, we are convinced both garments are within that class of garments commonly and commercially known as pajamas.

HOLDING:

The submitted samples are classifiable under subheading 6207.21.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men's cotton pajamas with two or more colors in the warp and/or the filling. The applicable rate of duty, as products of Honduras, is 9.5 percent ad valorem, and the designated textile and apparel category applicable is 351.

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 importation of this merchandise to determine the current status of any import restraints or requirements.

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.

Sincerely,

John Durant, Director

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