CLA-2 CO:R:C:T 952805 jb

Mr. Don Stango
Foster Industries Inc.
358 Fifth Avenue
New York, NY 10001-2209

RE: Woven cotton kimono; woven cotton pajama top; woven cotton pajama bottom; items packed separately, shipped together and sold separately; subheadings 6207.91.1000 and 6207.91.3010, HTSUSA

Dear Mr. Stango:

This is in reply to your letter dated September 24, 1992, concerning the classification of a robe and sleepwear for men under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples were submitted to this office for examination and will be returned under separate cover.


The first sample, Style number 9632, is a woven cotton kimono. It has a full frontal opening with a self fabric belt closure, three-quarter length sleeves and patch pockets at the waist. The garment is labeled "One Size Fits All".

The second sample, Style number 9630, is a men's woven cotton pajama top. It has a full frontal opening with button closures, short sleeves and a breast pocket.

The third sample, Style number 9631, is a pair of men's woven cotton sleep shorts. It has a fully elasticized enclosed waistband, a fly front opening with a one button closure and side seam pockets.

The three items will be packed separately and shipped together. They will be sold separately but advertised together. All items will be imported from India.


Whether the robe, top and shorts are classifiable as men's pajamas, dressing gowns and similar articles of heading 6207, HTSUSA?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Where goods cannot be classified on the basis of GRI 1, the remaining GRI will be applied in the order of their appearance.

Though the kimono is labeled "One Size Fits All", it is imported with sleep shorts that are sized as men's medium. Moreover, the robe is of the same color and pattern as the shorts with which it forms a set. The advertisements provided show similar garments being worn exclusively by men who are also wearing sleep bottoms. Thus, while the robe is "one size", in Customs' opinion, it is designed for men and is therefore classifiable in subheading 6207.91.1000, HTSUSA, which provides for men's woven cotton dressing gowns (See Memo 952241, dated September 17, 1992; HQ 088489, dated April 18, 1991).

As concerns the top and shorts, in Memo 085944, dated May 10, 1991, Customs stated:

Sets of garments, other than ensembles, that are eo nomine provided for, i.e., suits, track suits, and pajamas, are, in the cases of suits and ski suits, specifically defined, and in the cases of track suits and pajamas, commonly and commercially known as single units comprised of one or more components. Accordingly, those sets of garments are classifiable under General Rule of Interpretation (GRI) 1, HTSUSA, which provides that classification will be determined according to the terms of the headings any pertinent legal notes.

The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories (Guidelines), CIE 13/88, dated November 23, 1988, define pajamas as:

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 any style panties. The lower part sometimes encloses the feet. Pajamas are sleepwear...

It appears from the Guidelines that such garments are ones that consist of a two-piece set which provide upper and lower body coverage (See HQ 089367, dated July 31, 1991). In the instant case the two units will be individually tagged and priced, though it is stated that the intent is to promote the sale of the coordinated two-piece set.

Customs has determined in HQ 088423, dated May 20, 1991, that sets of garments that are not packed together at the time of importation are classifiable as suits where, at the time of importation, the importer has the bona fide intention to sell the suit components as suits, as evidenced by the documentation in the entry package. The "intent" to which that ruling addresses itself goes beyond a mental intent. The requisite intent is the physical manifestation, evidenced in the way in which the articles are sold. Namely, if they are to be sold as a pajama set, the two components should be tagged and priced as a set and not individual components thereof.

It follows that the woven cotton top and sleep shorts are classified separately in subheading 6207.91.3010, HTSUSA, under the provision for men's other woven cotton sleepwear.


The kimono, Style number 9632, is classified in subheading 6207.91.1000, HTSUSA, which provides for men's woven cotton dressing gowns. The applicable rate of duty is 9.5 percent ad valorem and the textile category is 350.

The pajama top and bottom, Style numbers 9630 and 9631, respectively, are separately classified in subheading 6207.91.3010, HTSUSA, which provides for men's other woven cotton sleepwear. The applicable rate of duty is 6.5 percent ad valorem and the textile 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.


John Durant, Director