CLA-2 CO:R:C:T 956507 NL

Mr. Raymond Meighan
Macy Product Development
11 Penn Plaza
New York, NY 10001

RE: Men's Cotton Trouser; Not Sleepwear

Dear Mr. Meighan:

This is in reply to your request dated May 16, 1994, for a ruling concerning the tariff classification of certain men's trousers which are to be manufactured in Nepal for importation by your company. A sample was submitted.

FACTS:

The sample submitted, style No. 4P901, is a pair of men's woven cotton flannel pants with a turned over waistband, a functional drawstring and side seam pockets. The garment does not have a fly.

Your letter describes the garment as sleep pants. You suggest that the pants are classifiable at heading 6207, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, among other things, men's or boy's undershirts, briefs, nightshirts, pajamas, bathrobes and similar articles.

The Chief, Wearing Apparel Branch, New York Seaport, has indicated in his report that the article is classifiable at subheading 6203, HTSUS, which provides for, among other things, mens' or boy's trousers.

ISSUE:

Whether the article is classifiable as mens' trousers or as pajamas.

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes.

In determining the identity of the article, we note that side pockets are present while a fly is missing. These pants, by their design and construction, appear to conform more closely to loungewear, as opposed to sleepwear. We note that men's sleepwear rarely has pockets at hip level, because any bulky article placed in the pocket would prove uncomfortable during sleep. This would not be true, however, of loungewear.

Likewise, the presence of a front fly is a matter of common sense and convenience in the case of pajamas, but such a feature might be avoided in the design of loungewear of simple construction. The decency element associated with wearing apparel might dictate a closure on a fly or no fly at all in the case of loungewear, whereas in the case of pajamas, unsecured flys are common. This understanding is confirmed by information provided by the trade.

HOLDING:

The sample cotton garment is properly classified in subheading 6203.42.4015, HTSUS, which provides for men's woven trousers of cotton, other. The rate of duty is 17.7 percent ad valorem. The textile 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,

John Durant
Director, Commercial