CLA 2 RR:CR:TE 963577 SG
TARIFF NO: 6203.42.4015
Ms. Barbara Souffront
Import Manager
Phillips Van Heusen Corp.
1001 Frontier Road, suite 100
Bridgewater, N.J. 08807-2955
RE: Classification of man’s garment; sleepwear vs. loungewear
Dear Ms. Souffront:
This is in response to your letter of June 3, 1999, requesting a binding classification ruling for a man’s garment which you describe as a pajama pant, pursuant to the Harmonized Tariff Schedule of the United States (HTSUS). A sample was provided and will be returned under separate cover, as requested.
FACTS:
The subject garment, style 1222, is a pair of men’s woven flannel bottoms. It is made of 100% cotton fabric. It has an enclosed elasticized waistband with a functional drawstring. It has side seam pockets, a placketed fly front with a hidden one button closure, and hemmed leg bottoms. You indicate that the garment was designed to be worn as pajamas (nightwear). The garment is manufactured in Indonesia.
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.
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Heading 6207, HTSUS, provides for, inter alia, men’s nightshirts, pajamas and similar articles. Customs has consistently ruled that pajamas are generally two piece garments worn for sleeping. One piece 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 is heading 6203, HTSUS, which provides for, inter alia, men’s trousers.
In determining the classification of garments submitted to be sleepwear, Customs usually considers the factors discussed in three 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 boxer style 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.
Furthermore, we bring your attention to International Home Textile, Inc., Slip Op. 97-31,
March 18, 1997, which classified garments similar to the one 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
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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, non private 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 garment at issue reveals several features which make it suitable for modesty purposes-the placketed fly opening with a one button closure, side seam pockets, and hemmed leg bottoms. These features are not indicative of a sleepwear bottom but a multi purpose garment that may (and probably will) be principally worn for the type of non-private activities named in International Home Textiles, Inc.
Finally, although the garment may be worn to bed for sleeping, it is our opinion that its 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 substantial one button closure on similar bottoms was indicative of multi-purpose garments which will be worn for purposes other than sleeping. Therefore, following both HQ 958594 and the decision in International Home Textiles, Inc., the bottom at issue here is properly classified in heading 6203, HTSUS.
HOLDING:
The bottoms with a placketed fly opening with a one button closure, side seam 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 rate of duty is the general column one rate of 17.2 percent ad valorem and the quota category is 347.
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.
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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 importing the merchandise to determine the current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division