CLA-2 CO:R:C:T 089361 PR
Ms. Florence A. Jurich
A.J. Jurich & Associates, Ltd.
510 King Street
Alexandria, Virginia 22314
RE: Classification of Men's Sleep Shorts
Dear Ms. Jurich:
This is in reply to your letter of April 5, 1991, on behalf
of both Esquel Enterprises Ltd. and J.C. Penneys, concerning the
tariff classification of a man's sleep shirt. Our ruling on the
matter follows.
FACTS:
The submitted sample is a woven polyester man's hip-length
pajama top with long sleeves, a full front buttoned opening, a
pointed collar, a hanger loop on the back panel, two patch
pockets in the waist area, and a left chest area patch pocket.
ISSUE:
The issue presented is whether half of a set of pajamas are
classifiable as pajamas or as garments similar to pajamas.
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.
In this instance, the sample speaks eloquently for itself.
It is clearly a pajama top or a garment that is made to resemble
a pajama top.
In Customs Headquarters Ruling Letter (HRL) 088635, dated
May 24, 1991, concerning a garment similar in all material
respects, Customs stated:
In view of the numerous lexicon definitions that
state pajamas consist of a two-piece set of garments
which provide upper and lower body coverage, we find no
support for the proposition that the common meaning of
that term encompasses one part of a pajama set. In
fact, it is questionable whether there can be pajama
"bottoms" in the absence of pajama "tops." In such an
event, it appears that what actually exists are sleep
bottoms rather than pajama bottoms. Accordingly,
pajama bottoms imported without their matching tops are
not classifiable as pajamas.
HOLDING:
In view of the above, men's pajama shirts, imported without
the bottoms, are classifiable under the provision for sleepwear
garments similar to nightshirts and pajamas, of man-made fibers,
in subheading 6207.92.4010, HTSUSA, with duty, as a product of
Sri Lanka, at the rate of 11.2 percent ad valorem. The textile
and apparel category applicable to this merchandise is 651.
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
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Dick Crichton--OTO
1cc: Cynthia Reese
1cc: DD, L.A.