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HQ 956663




November 30, 1994

CLA-2 CO:R:C:T 956663 CAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.22.0000

Ms. Lanping Hu
Global Development Co.
2330 Edenborn Avenue. #206
Metairie, LA 70001

RE: Classification of boys' sleepwear; playwear; Heading 6207

Dear Ms. Hu:

This is in response to your inquiry of June 14, 1994, requesting a tariff classification ruling for children's garments under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples were submitted for examination.

FACTS:

The garments at issue are children's Chinese style pull-on pants and a matching shirt. The pants have an elasticized waist and contrasting color trim around the bottom of each leg. The shirt has short sleeves, a snap placket closure which fastens left over right, mock frog closures over the snap sites, pockets at the waist, slit side seams, and contrasting color trim around the sleeves, pockets, waist, and front opening. The shirt also contains embroidered Chinese illustrations of people on both shirt panels.

ISSUE:

Whether the merchandise at issue is classifiable as playwear or sleepwear?

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.

The importer believes that the subject garment is classifiable as in textile category 659. To obtain the appropriate quota category, Customs must first determine the proper tariff classification provision for the subject merchandise.

At first glance, the subject garments appear to either be classifiable as sleepwear or playwear. In some instances, Customs consults the Textile Category Guidelines [hereinafter Guidelines], C.I.E. 13/88, as a guide when classifying certain types of merchandise. The Guidelines states the following regarding playsuits:

In general, this category covers items of very informal dress for children and is essentially a grouping of children's lightweight playwear garments, although heavier fabrics are also used. Children's two-piece physically connected entireties, such as shirts and shorts having matching buttons and buttonholes, or shoulder loops with suspender straps designed to join the two pieces, which are so manufactured that the use of one without the other is not practicable. *

The instant garments are not physically connected or sufficiently dependent upon each other to be solely worn together. Granted the pants and shirt are constructed of the same type of fabric and are color-coordinated, however, nothing in the design of either garment prevents it from being worn separately. Therefore, the garments are not classifiable as a playsuit.

The sleepwear provisions of the tariff schedule are eo nomine, by use provisions. That is, merchandise is classifiable under the appropriate provision if merchandise is used as sleepwear. In this regard, U.S. Rule of Interpretation 1(a) provides that in the absence of context to the contrary, a tariff classification controlled by use, other than actual use, is to be determined by the principal use in the United States at, or immediately prior to the date of importation of goods of the same class or kind of merchandise. Principle use is that use which exceeds any other single use. In order to determine the principle use of merchandise, Customs will usually look to how that merchandise is viewed in the commercial arena. (See, Headquarters Ruling Letter (HRL) 088192, dated February 20, 1991).

In the commercial arena, we believe that the subject garments are viewed as sleepwear.
This belief is based on the garments' general appearance. The characteristics indicative of sleepwear are the garments' loose fit, and light fabric weight. This light fabric weight is of a weight and thickness normally associated with sleepwear garments. The shirt and pants are imported together and packaged for retail sale as a set in a single plastic bag. Therefore, we believe that the garments at issue are of a class or kind of merchandise that will be principally used as sleepwear.

HOLDING:

Based on the foregoing, the subject garments are classifiable in subheading 6207.22.0000, HTSUSA, which provides for boys' nightshirts and pajamas of man-made fibers. The applicable rate of duty is 17 percent ad valorem and the textile restraint category is 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 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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