Reconsideration of NYRL 839188--Women's Undergarments

HQ 084805 July 31, 1989 CLA-2 CO:R:C:G 084805 CB CATEGORY: Classification TARIFF NO.: 6208.22.0000 Andrew P. Vance, Esq. Barnes, Richardson & Colburn 475 Park Avenue South New York, New York 10016 RE: Reconsideration of NYRL 839188--Women's Undergarments Dear Mr. Vance: This ruling letter is in response to your letter of May 11, 1989, on behalf of Val Mode Lingerie Inc., requesting a reconsideration of the classification ruling issued by New York under the Harmonized Tariff Schedule of the United States (HTSUSA), for women's undergarment sets. FACTS : Two samples were submitted in ruling 839188. Style 3380 is a set consisting of a camisole and brief. The camisole has a scalloped neckline and thin shoulder straps. Style 3420 is also a set consisting of a camisole and brief. The camisole has a deep scalloped neckline and pleats with contrasting color inserts. The briefs also have pleats with contrasting color inserts. Both sets are composed of a woven polyester satiny fabric. ISSUE : Whether the subject merchandise is classifiable in Chapter 62, HTSUSA, as women's undergarments or as pajamas? LAW AND ANALYSIS : Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings and subheadings of the tariff and any relevant section or chapter notes. -2- Heading 6208, HTSUSA, provides for women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles. NYRL 839188, dated May 1, 1989, found that the styling and construction of the subject sets were indicative of garments worn as underwear and that the merchandise was classifiable in subheading 6208.92.0030, HTSUSA. The inquirer states that the two sets are designed, made, and sold by Val Mode as nightwear only. A copy of the Spring 1989 Val Mode catalog was submitted as supporting documentation. Both style no. 3380 and 3420 are described in the catalog as "cami-pajama". Moreover, the inquirer asserts that the two sets are cut too loosely and widely flared to be worn under street clothes. Customs has previously ruled on the issue of camisole and brief sets. HRL 080410 SM, dated March 4, 1988, classified a camisole top as pajamas under 6208.22.0000, HTSUSA. In said ruling it was found that the fabric, loose cut, minimal tailoring, and deep neckline gave the merchandise a sleepware appearance. With respect to the subject merchandise, style no. 3380 has deep vents on the side and a deeply scalloped neckline. Style no. 3420 has two contrasting color darts down the camisole and brief. Both styles are loosely cut and widely flared. Thus, following the reasoning in HRL 080410, the subject merchandise is classifiable in heading 6208.22.0000, HTSUSA. HOLDING : Style no. 3420 and 3380 are classifiable in 6208.22.0000, HTSUSA, which provides for women's and girls' nightdresses and pajamas, of man-made fibers. The rate of duty is 17 percent ad valorem and the textile category 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, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. NYRL 839188 is revoked. The samples will be returned to you. Sincerely, John Durant, Director Commercial Rulings Division 6cc: Area Director, New York Seaport 1cc: CITA 1cc: Legal Reference Section 1cc: Phil Robins