CLA-2 CO:R:C:T 954350 ch
Peter Weinrauch
Import Commodity Group Ltd.
156-15 146th Avenue
Suite 314
Jamaica, New York 11434
Re: Classification of men's woven cotton shorts; pajamas;
sleepwear; underwear; loungewear.
Dear Mr. Weinrauch:
This is in response to your letter of April 13, 1993,
requesting tariff classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) for a pair of
men's woven cotton shorts. A sample was provided to this office
for examination.
FACTS:
The submitted sample, style number 5048, is a pair of size
medium men's woven cotton shorts. This item features an
elasticized tunnel waistband with an exterior drawstring and a
button closure at the waist. It has a fly front opening with a
two button closure. The shorts possess two side seam pockets and
a rear pocket with a button closure. The garment measures
approximately 23 inches from the top of the waistband to its
hemmed bottom; 13 inches across the relaxed waist; 12 inches
across a single leg opening.
You refer to the sample as "pajamas," and state that its
"principal use is for the selling of men's woven loungewear, to
bed." However, you also aver that the shorts will be "sold by
Calvin Klein's men's underwear division," and a label on the
garment will read "Calvin Klein Sleepwear."
ISSUE:
What is the proper tariff classification for the instant
garment? LAW AND ANALYSIS:
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 order.
You have indicated that the instant shorts may be used
alternatively as men's loungewear, sleepwear, underwear and
pajamas. Men's woven sleepwear, underpants and pajamas are
provided for under heading 6207, HTSUSA. In addition, men's
woven shorts are classified under heading 6203, HTSUSA.
In Headquarters Ruling Letter (HRL) 951754, dated June 25,
1992, we stated:
The subject merchandise is of a type of garment that is
capable of being used for more than one purpose...When
confronted with garments which are claimed to be of a
particular class, yet strongly resemble articles of
another class, Customs will first examine the article
itself and its particular design features and
thereafter any other extrinsic evidence pertaining to
the marketing, advertising and sale of the article.
Therefore, we will first look to the design features of the
garment to determine whether it is suitable for use as
loungewear, sleepwear, underwear, pajamas or shorts.
The Guidelines for the Reporting of Imported Products in
Various Textile and Apparel Categories, CIE 13/88, at page 25,
state in part that:
The term "underwear" refers to garments which are
ordinarily worn under other garments and are not
exposed to view when the wearer is conventionally
dressed for appearance in public, indoors or out-of-
doors.
The instant article possesses several features which render it
unlikely that it will used primarily as underpants. For example,
side seam and rear pockets are not features typically found on
garments which are worn beneath other garments. Moreover,
underpants typically measure less than 23 inches from top to
bottom, so that they are not exposed and are comfortable when
worn underneath other articles of clothing. Finally, a multi-
button closure and an enclosed waistband are not features
normally associated with underpants. Accordingly, we conclude
that this article is not classifiable as men's underwear.
The Guidelines, at page 24, provide, in pertinent part,
that:
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 of any
style panties. The lower part sometimes encloses the
feet. Pajamas are sleepwear. (Emphasis added).
Based upon this language and other lexicographic sources, we have
determined that pajamas are normally two-piece sets which provide
upper and lower body coverage. See HRL 088635, dated May 24,
1991. In this case, the merchandise is sold individually and
provides only lower body coverage. Hence, it is not classifiable
as pajamas.
The Guidelines also state, at page 24, that:
The term "nightwear" is interpreted as meaning
"sleepwear" so that certain garments worn in bed in the
daytime, as by infants over 86 centimeters in height
and the bed-ridden, are included. (Emphasis added).
Similarly, in Mast Industries v. United States, 9 CIT 549, the
court concluded that the definition of nightclothes is "garments
worn to bed." Although the instant shorts may be worn to bed, we
conclude that it is a multi-purpose garment. Our examination of
this article leads us to the conclusion that it has been designed
primarily for use as loungewear to be worn in and around the
home. In point of fact, this item could also be worn out-of-
doors. As this article has not been designed primarily for use
in bed, we conclude that it is not classifiable as sleepwear
despite the fact that it may be advertised as such. See HRL
951032, dated May 7, 1992 (men's knit shorts for lounging or
other activities around the home not classifiable as sleepwear).
Heading 6203 provides for men's woven shorts. The
provisions of the Explanatory Note (EN) to heading 6103 apply,
mutatis mutandis, to heading 6203. The EN to heading 6103, at
pages 834-835, provides in part that:
"Trousers" means garments which envelop each leg
separately, covering the knees and usually reaching
down to or below the ankles; these garments usually
stop at the waist; the presence of braces does not
cause the garments to lose the essential character of
trousers.
* * *
"Shorts" means "trousers" which do not cover the knee.
As the instant article meets the criteria for shorts, and is not
more specifically described elsewhere in the Nomenclature, it
will be classified pursuant to heading 6203.
HOLDING:
The subject merchandise is classifiable under subheading
6203.42.4050, HTSUSA, which provides for men's woven cotton
shorts. The applicable rate of duty is 17.7 percent ad valorem.
The textile 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 the subject of 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 the 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 the local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.
Sincerely,
John Durant, Director