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HQ 957411




March 7, 1995

CLA-2 CO:R:C:T 957411 SK

CATEGORY: CLASSIFICATION

TARIFF NO.'s: 6203.22.3050; 6203.22.3020

Joe Falce
Foster Industries, Inc.
358 Fifth Avenue
New York, N.Y. 10001-2209

RE: Classification of men's 100 percent cotton woven upper body garment and trousers; denim; not pajamas; 6.5 ounce per square yard denim fabric not usually used in the manufacture of pajamas; Note 3(b)to Chapter 62; ensembles; 6203.22.3050; 6203.22.3020, HTSUSA.

Dear Mr. Falce:

This is in response to your request for a binding classification ruling for two garments which comprise the top and bottom portions of style number 277. You submit that the garments are classifiable as cotton denim pajamas. Samples were submitted for Customs' examination and will be returned to you under separate cover.

FACTS:

The submitted sample, referenced style number 277, consists of a woven cotton denim top and bottom. The garments weigh 6.5 ounces per square yard. The top has a notched collar, long sleeves with hemmed bottoms, a full-frontal opening with button closures, a breast patch pocket and side vents. The pants feature an elasticized turned-over waistband with a functional drawstring, a one-button closure at the waist, a placketed fly front with a one button closure, a rear patch pocket and hemmed leg bottoms.

ISSUE:

What is the proper classification for style 277?

LAW AND ANALYSIS:

Classification of merchandise 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, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's.

The determinative issue is whether the subject garments are classifiable as pajamas, or as an ensemble consisting of top and pants. Upon initial examination, style 277 possesses an overall design that appears suitable for use either as pajamas or as a top and pant. In circumstances such as this, where the identity of a garment is ambiguous for classification purposes, reference to The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88, (Guidelines) may be helpful. The Guidelines were developed and revised in accordance with the HTSUSA to ensure uniformity, to facilitate statistical classification, and to assist in the determination of the appropriate textile categories established for the administration of the Arrangement Regarding International Trade in Textiles.

The Guidelines, at page 24, offer the following with regard to the classification of pajamas:

"[P]ajamas are worn by both sexes and all ages. They consist of an upper part, pullover or coat style, with long, short or no sleeves and a lower part, short, intermediate, or long trouser- like garments or of any style panties."

The Guidelines' description allows great latitude as to the various styles of garments that are acceptable as pajamas for tariff classification purposes. Certainly the garments in the instant case fall within the general permissible guidelines set forth above (i.e., coat style top with long trouser-like bottoms).

We note, however, that the overall design of the garment is but one consideration. Other characteristics of style 277, such as the type of fabric used, may bear directly on the garments' suitability for use as pajamas. Style 277 is made of a denim fabric weighing 6.5 ounces per square yard. This office recognizes that, as a practical matter, sleepwear garments are traditionally made from lightweight fabrics. Sleepwear garments are not typically made from denim, let alone denim fabric of this weight. A Customs National Import Specialist contacted a large department store in Manhattan and inquired as to whether any of their buyers had purchased denim pajamas: they had not. Visits to five large retail outlets revealed that none of them sold denim pajamas.

The top portion of style 277 could easily be worn as an outerwear sports shirt. The trousers, with their substantial fly, provide sufficient coverage so that they could modestly be worn as outerwear. The trouser's turned-over waistband is more akin to those found on outerwear as opposed to sleepwear which usually has a plain drawstring waist or an elasticized waist which has not been rolled. Style 277 is well-suited in its overall design for use as outerwear. This fact, combined with the fact that denim is not a commonly accepted sleepwear fabric in the trade and that the denim fabric used in the manufacture of style 277 is rather heavy for use in sleepwear, leads this office to the conclusion that style 277 is classifiable as a top and trousers.

Note 3(b) to Chapter 62 states:

"[T]he term ensemble' means a set of garments (other than suits and articles of heading 6207 or 6208) composed of several pieces made up in identical fabric, put up for retail sale, and comprising:

- one garment designed to cover the upper part of the body ...., and

- one or two different garments, designed to cover the lower part of the body and consisting of trousers ... ."

The garments at issue are made up in identical fabric and put up for retail sale. Accordingly, the submitted top is classifiable under subheading 6203.22.3050, HTSUSA, which provides for men's woven cotton shirts as part of an ensemble. The submitted trouser is classifiable under subheading 6203.22.3020, HTSUSA, as men's woven cotton trousers as part of an ensemble.

HOLDING:

The top portion of style 277 is classifiable under subheading 6203.22.3050, HTSUSA, which provides for men's woven cotton shirts as part of an ensemble. The rate of duty is equivalent to the rate applicable to this garment if entered separately: 20.9 percent ad valorem (if entered separately, the top portion of style 277 would have been classifiable under subheading 6205.20.2050, HTSUSA). The textile quota category is 340.

The trouser portion of style 277 is classifiable under subheading 6302.22.3020, HTSUSA, which provides for men's woven cotton trousers as part of an ensemble. The rate of duty is equivalent to the rate applicable to this garment if entered separately: 17.6 percent ad valorem (if entered separately, the trouser portion of style 277 would have been classifiable under subheading 6203.42.4010, HTSUSA). The textile quota category is 347.

The designated textile and apparel categories may be subdivided into parts. If so, the 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 negotiations 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 updated weekly and is available for inspection at a local Customs office.

Due to the nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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