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HQ 958876





October 1, 1996

CLA-2 RR:TC:TE 958876 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6207.21.0030

Allan H. Kamnitz, Esquire
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, New York 10004

RE: Classification of pajama tops and pajama bottoms; HRLs 957809, 958385, 956202 and 957134

Dear Mr. Kamnitz:

This is in response to your letter of December 22, 1995, in which you requested, on behalf of your client, Cypress Apparel Group, a tariff classification ruling on men's flannel pajama tops and bottoms under the Harmonized Tariff Schedule of the United States (HTSUS). Samples of the garments were supplied for our examination and will be returned to you with this ruling.

FACTS:

Style 72019T is a men's woven cotton flannel pajama top featuring a notched shirt type collar, a full frontal opening with button closures, hemmed long sleeves, a locker loop on the back with a "Tommy Hilfiger" label and a chest pocket with an embroidered crest and a green buttonhole.

Style 82019T is a pair of men's pants made of the same woven cotton flannel fabric as the above top. This garment extends from the waist to the ankles and features a completely exposed (interior and exterior) 1-inch elastic waistband with the words "Tommy Hilfiger" embroidered on it and a "Tommy Hilfiger" label sewn on it at the front center. It has a fly front with a one button closure, side seam pockets and hemmed leg bottoms.

Style 92019T is a pair of men's shorts made of the same woven cotton flannel fabric as the above two articles. It has a completely exposed (interior and exterior) 1-inch elastic waistband with the words "Tommy Hilfiger" embroidered on it and a "Tommy Hilfiger" label sewn on it at the front center. It has a fly front with a one button closure, side seam pockets, 2-inch side vents on the outer leg openings and hemmed leg bottoms.

The garments will be sold on racks that are especially designed for Tommy Hilfiger products in the sleepwear departments or in a Tommy Hilfiger "Robe and Sleepwear Shop". The importer contends these garments are sold to be worn only to bed. At retail, the garments will display a hangtag which indicates that they are a part of the Tommy Hilfiger Sleepwear Collection. No advertising material is available at this time on these garments.

Your client intends to import equal quantities of the pajama tops and sleepwear shorts or bottoms, in the same size. They will be packaged separately and shipped together. They will be sold separately but advertised together.

We note that Headquarters Ruling Letters (HRLs) 957809, dated June 21, 1995, and 958385, dated October 26, 1995, classified bottoms and tops identical or similar in all material respects to those at issue in this case, when imported separately, as other sleepwear in subheading 6207.91.3010, HTSUS.

ISSUE:

Whether the above styles are classifiable as separates or as pajamas which are considered a single unit?

LAW AND ANALYSIS

Classification of goods under the HTSUS 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, HTSUS, provides for men's or boys' singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles. The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories [hereinafter The Guidelines], CIE 13/88, which are occasionally consulted by Customs as guidance in determining the appropriate commercial designation of certain commodities, state the following, in pertinent part:

Pajamas 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 lower part sometimes encloses the feet. Pajamas are sleepwear.

In HRL 957134, dated April 4, 1995, Customs was faced with the issue of whether men's woven cotton pajama tops and men's woven cotton sleep shorts, which were packed separately and shipped together, but were sold separately, were classifiable separately or as pajamas which are considered a single unit. Customs held that the subject articles were classified as pajamas and stated the following:

Despite how the garments are sold once they have been imported, at the time of importation, matching pajama tops and pajama bottoms are shipped together in equal numbers. Therefore, based upon their condition when imported, the garments are looked upon by Customs as composite goods that form a whole which is not normally sold as separate parts and is commercially viewed as pajamas. Thus, Customs is of the opinion that the merchandise at issue is properly classifiable as pajamas under Heading 6207, HTSUSA.

In the instant case, the subject garments are properly classifiable not as separates, but as pajamas. Styles 72019T and 82019T or 92019T are upper and lower body garments with the same patterns and made of the same material and they are intended for wear during sleep. As with the garments at issue in HRL 957134, at the time of importation, the subject matching tops and bottoms are packed separately but shipped together in equal numbers. Therefore, based upon their condition when imported, the garments are looked upon by Customs as composite goods that form a whole which is not normally sold as separate parts and is commercially viewed as pajamas. Thus, Customs is of the opinion that the merchandise at issue is properly classifiable as pajamas under heading 6207, HTSUS. See also , HRL 956202, dated September 29, 1994.

HOLDING:

Style numbers 72019T and 82019T or 92019T are properly classifiable in subheading 6207.21.0030, HTSUS, which provides for men's cotton woven pajamas. The applicable rate of duty is 9.4 percent ad valorem and the textile restraint category is 351.

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 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 issuance of the U.S. Customs Service, which is updated weekly and is available 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, 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
Tariff Classification Appeals

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