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 > 2002 HQ Rulings > HQ 962527 - HQ 963249 > HQ 962608

Previous Ruling Next Ruling
HQ 962608




July 23, 2002

CLA2 RR:CR:TE 962608 SG

CATEGORY: CLASSIFICATION

TARIFF NO: 6203.42.4015; 6203.42.4050

Mr. Jason Workman, Import Manager
ISL, Inc.
1401 N. Central Expy #200
Richardson, Texas 75080

RE: Classification of men’s pants; sleepwear vs. loungewear

Dear Mr. Workman:

This is in response to your letter of January 26, 1999, requesting a binding classification ruling on a men’s garment which you describe alternatively as sleep pants and as lounge pants, and your letter of February 18, 1999, requesting a binding classification ruling on a men’s garment which you describe as jam lounge shorts. You indicate the garments will be manufactured in India for G.H. Bass and Co. Classification is sought pursuant to the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

Two pairs of trousers were submitted. You indicate that the trousers will be identified as style 4545 followed by a letter or series of letters and numbers in order to establish color or design. The trousers are identical except for their color. The garments are 100% woven cotton flannel. They have a fully elasticized enclosed waistband with a functional drawstring closure. They have side seam pockets and hemmed bottoms. There are two patch cargo pockets below the side seam pockets. These pockets are flapped and are closed by means of Velcro-type closures. The samples have placketed flies approximately six inches in length. There is a buttonhole on each fly, but no corresponding button. The samples are stated to weigh between 4.1 and 4.2 ounces per yard.

You indicate that the pants may or may not have a button holding together the fly, but they will have an open piece of fabric covering the fly. The fly will be open regardless. You indicate the pants will contain an inside pocket on each hip along the side leg pockets.

Two pairs of shorts were also submitted. You indicate that the shorts will be identified as style 8080 followed by a letter or series of letters and numbers in order to establish color or design. The shorts are identical except for their color. The shorts are 100% woven cotton flannel. They have an exposed elasticized waistband, side seam pockets, and hemmed bottoms. They have placketed flies approximately seven inches in length. There is a buttonhole on each fly, but no corresponding button. It appears from the condition of the fabric that the corresponding buttons have been removed. The samples are stated to weigh between 3.75 and 4 ounces per yard. You indicate that the shorts will have an open fly.

Each pair of pants and the shorts have a label sewn inside the waistband describing the garment as "casual clothing".

ISSUE:

Whether the subject merchandise is properly classifiable as sleepwear under Heading 6207, HTSUS, or as outerwear garments under heading 6203, HTSUS?

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, inter alia, men’s nightshirts, pajamas and similar articles. Customs has consistently ruled that pajamas are generally twopiece garments worn for sleeping. Onepiece garments such as sleep shorts and sleep pants used for sleeping are not classifiable as pajamas, instead they fall into a residual provision within heading 6207, HTSUS, for similar articles.

If it is determined that the subject bottoms are classifiable as outerwear or loungewear, the applicable heading for the bottoms is heading 6203, HTSUS, which provides for, inter alia, men’s trousers and shorts.

In determining the classification of garments submitted to be sleepwear, Customs usually considers the factors discussed in two court cases that addressed sleepwear. In Mast Industries, Inc. v. United States, 9 CIT 549, 552 (1985), aff’d 786 F.2d 144 (CAFC, 1986), the Court of International Trade considered the classification of a garment claimed to be sleepwear. The court cited several lexicographic sources, among them Webster’s Third New International Dictionary which defined “nightclothes” as “garments to be worn to bed.” In Mast, the court determined that the garment at issue therein was designed, manufactured, and used as nightwear and therefore was classifiable as nightwear. Similarly, in St. Eve International, Inc. v. United States, 11 CIT 224 (1987), the court ruled the garments at issue therein were manufactured, marketed and advertised as nightwear and were chiefly used as nightwear. Finally, in Inner Secrets/Secretly Yours, Inc. v. United States, 885 F. Supp. 248 (1995), the court was faced with the issue of whether women’s boxerstyle shorts were classifiable as “outerwear” under heading 6204, HTSUS, or as “underwear” under heading 6208, HTSUS. The court stated the following, in pertinent part:

[P]laintiff’s preferred classification is supported by evidence that the boxers in issue were designed to be worn as underwear and that such use is practical. In addition, plaintiff showed that the intimate apparel industry perceives and merchandises the boxers as underwear. While not dispositive, the manner in which plaintiff’s garments are merchandised sheds light on what the industry perceives the merchandise to be.*** Further evidence was provided that plaintiff’s merchandise is marketed as underwear. While advertisements also are not dispositive as to correct classification under the HTSUS, they are probative of the way that the importer viewed the merchandise and of the market the importer was trying to reach.

Additionally, as this office has noted in prior rulings, “the merchandise itself may be strong evidence of use.” See Headquarters Ruling Letter (HQ) 957809, dated June 21, 1995, citing Mast Industries at 552, citing United States v. Bruce Duncan Co., 50 CCPA 43, 46. C.A.D. 817 (1963).

Furthermore, we bring your attention to International Home Textile, Inc., Slip Op. 97-31, March 18, 1997, which classified garments similar to those at issue here as loungewear in heading 6103, HTSUS. The court therein stated:

Based upon a careful examination of the loungewear as well as the testimony of the various witnesses, the court finds that the loungewear items at issue do not share that essential character of privateness or private activity. As the parties have already stipulated, the loungewear is used primarily for lounging and not for sleeping. The court finds no basis in the exhibits, the witness testimony, or the loungewear’s construction and design to find that it is inappropriate, at a minimum, for the loungewear to be worn at informal social occasions in and around the home, and for other individual, nonprivate activities in and around the house e.g., watching movies at home with guests, barbequing at a backyard
gathering, doing outside home and yard maintenance work, washing the car, walking the dog, and the like....

In the instant case, a physical examination of the pants and shorts submitted with your requests for binding rulings reveals several features which make them suitable for modesty purposes. The garments have side seam pockets; fly openings with one buttonhole and hidden plackets, and hemmed leg bottoms. In addition, the pants have large side leg pockets which are often referred to as “cargo” pockets. We are also advised that the pants will also have inside side pockets on each hip along these “cargo” pockets. These "cargo" pockets, as well as inside pockets are not useful features on sleepwear, but on loungewear or a multipurpose garment it serves to enable the wearer to carry a multitude of articles on their person. Each garment contains a label inside the waistband describing it as "casual clothing". This, as well as the other features listed above, are not indicative of sleepwear, but of multipurpose garments that may (and probably will) be principally worn for the type of non-private activities named in International Home Textiles, Inc. Although the sample, as submitted, does not have a button on the fly, it does have a buttonhole. It is our view that the manufacturer would not have undertaken the additional expense of inserting a buttonhole on the garment's fly if the garment was to have an open fly. We note that a button can easily be added to the garment after importation. The fact that the garment is being imported without the button does not, in our opinion, make the garment one that will not be worn principally for "non-private" activities. Nor does it make the garment one with an "open fly".

Finally, although the bottoms before us may be worn to bed for sleeping, it is our opinion that their principal use is for “home comfort” and lounging. In addition, these bottoms can easily make the transition from inside the home (in a private setting) to outside the home (and a more social environment). See for example HQ 958594 dated January 26, 1996, in which we held that a placketed fly opening with a one button closure on similar bottoms was indicative of multi-purpose garments which will be worn for purposes other than sleeping. We note additionally that all the samples submitted are made of fabric heavy enough for outdoor use even in cool weather.

In past rulings, Customs has stated that the crucial factor in the classification of a garment is the garment itself. As the court pointed out in Mast, "the merchandise itself may be strong evidence of use." Mast at 552, citing United States v. Bruce Duncan Co., 50 CCPA 43, 46, C.A.D. 817 (1963). However, when presented with a garment which is somewhat ambiguous and not clearly recognizable as sleepwear or underwear or outerwear, Customs will consider other factors such as environment of sale, advertising and marketing, recognition in the trade of virtually identical merchandise, and documentation incidental to the purchase and sale of the merchandise, such as purchase orders, invoices, and other internal documentation. It should be noted that Customs considers these factors in totality and no single factor is determinative of classification as each of these factors viewed alone may be flawed. For instance, Customs recognizes that internal documentation and descriptions on invoices may be selfserving as was noted by the court in Regaliti, Inc. v. United States, SlipOp. 9280 (May 21, 1992).

In this case you advise that the garments, which are being made for G.H. Bass and Co., will be placed in the Men’s Accessories departments of department stores next to the pajamas, tee-shirts, socks and underwear. You enclosed a paper band which you advised will be used on the garments. The garments will be folded and bound by the band. You indicate that as far as you know there will be no marketing campaign for these garments. In Mast, 9 CIT 549, at 551, the court pointed out that the expert witnesses in that case agreed "that most consumers purchase and use a garment in the manner in which it is marketed." This is a factor to be considered in determining how this garment is marketed and likely to be used by purchasers, though it is not determinative in and of itself.

However, based on our examination of the garments supplied, we find that they are loungewear, i.e., loose, casual clothes that are worn in the home for comfort. Their fabric, construction and design are suitable for the type of nonprivate activities named in International Home Textile, Inc. In addition, the information you submitted regarding the department the garments will be sold in is, in our opinion, ambiguous as to exactly how the garments will be marketed. Finally, although the garments before us may be worn to bed for sleeping, in our opinion their principal use is for lounging.

HOLDING:

The bottoms with a fly opening with one buttonhole (imported without the corresponding button to be used for closure) on the fly opening, side seam pockets, “cargo” pockets, as well as inside side pockets, and hemmed leg bottoms are classified in subheading 6203.42.4015, HTSUSA, which provides for “Men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of cotton: Other: Other: Trousers and breeches: Men’s: Other.” The applicable general column one rate of duty is 16.8 percent ad valorem and the textile quota category is 347.

The submitted men's shorts with a fly opening with one buttonhole (imported without the corresponding button for to be used for closure) on the fly opening, side seam pockets, and hemmed leg bottoms are classified as men’s woven cotton shorts in subheading 6203.42.4050, HTSUSA, which provides for “Men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of cotton: Other: Other: Shorts: Men’s.” The applicable general column one rate of duty is 16.8 percent ad valorem and the textile quota category is 347.

The designated textile and apparel category 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 renegotiations and changes, to obtain the most current information available, we suggest 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 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 importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

Myles B. Harmon, Acting Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: