Nightshirt and shirt/short ensemble

HQ 085612 December 11, 1989 CLA-2 CO:R:C:G 085612 HP CATEGORY: Classification TARIFF NO.: 6204.22.3050; 6204.22.3060; 6208.21.0010 Ms. Lorraine M. Dugan Associated Merchandising Corporation 50 Terminal Road Secaucus, NJ 07096 RE: Nightshirt and shirt/short ensemble Dear Ms. Dugan: This is in reply to your letter of August 25, 1989, concerning the tariff classification of women's garments, produced in India, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). FACTS: The merchandise at issue consists of two styles of women's garments. Style 88119 is a 100% woven cotton dyed striped fabric. It has a full front opening with a nine button closure, a double ply rear shoulder yoke, long sleeves with single button cuffs, a pointed collar with collarband, a rounded tail bottom, a back pleat, and two front patch chest pockets. Style 661M consists of two pieces of 100% woven cotton dyed striped fabric. The fabric is not sheer. The upper component features a full front opening secured by six buttons, a hidden placket, short hemmed sleeves, a pointed collar with collar band, double ply shoulder yoke, a single breast patch pocket, and a rounded tail bottom. The lower component is a pull-on boxer style short of identical fabric and design, with an elastized waist and a mock fly front. You have stated that no advertising material is available for this merchan- dise. ISSUE: Whether the submitted garments are classifiable as women's outerwear, or as women's sleepwear, under the HTSUSA? LAW AND ANALYSIS: Style 661M Heading 6208, HTSUSA, provides for women's sleepwear. The General Rules of Interpretation (GRIs) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part: ... classification shall be determined according to the terms of the headings and any relative section or chapter notes .. .. Goods which cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRIs, taken in order. The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, CIE 13/88 (Nov. 23, 1988), at 24, defines pajamas as "con- sist[ing] 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...." Clearly, this definition is quite broad, and would incorporate many garments clearly not sleepwear. Further proof would be required before we could consider Style 661M sleepwear. The department (127) and store (298) codes for Style 661M indicate that the merchandise was purchased by Richman Gordman for their robes/ loungewear department. Garments sold in departments such as this are worn both as sleepwear and as outerwear. As a result, we feel that the garments are suitable for multiple uses, and are not limited to wear while sleeping. Heading 6204, HTSUSA, provides for women's ensembles. Note 3 to Chapter 62 states, in pertinent part: For the purposes of headings 6203 and 6204: * * * (b) The term "ensemble" means a set of garments ( other than suits and articles of heading 6207 or 6208) composed of several pieces made up in identical fabric, put up for retail sale, and compris- ing: - one garment designed to cover the upper part of the body, with the exception of waistcoats which may also form a second upper garment, and - one or two different garments, designed to cover the lower part of the body and consisting of trousers, bib and brace overalls, breeches, shorts ( other than swim- wear), a skirt or a divided skirt. All of the components of an ensemble must be of the same fabric construction, style, color and composition; they also must be of a corresponding or compatible size. * * * Style 661M meets the above definition, and is classifiable as an ensemble. Style 88119 In a recent binding ruling letter addressed to you, HRL 085275 of November 14, 1989, we classified a women's oversized shirt, Style 6117, as sleepwear. Style 88119 is virtually identical to the above-mentioned merchandise, except that the instant sample is slightly larger. As with the sample in the earlier ruling, the store code, 293, and the department code, 480, indicate that the garments were purchased (by Ira A. Watson) for the retailer's sleepwear department. Therefore, it is our opinion that the instant Style 88119 is intended for marketing and sale as sleepwear, and is classifiable as such. HOLDING: As a result of the foregoing, the instant merchandise is classified as follows: Style 88119 under subheading 6208.21.0010, HTSUSA, textile category 351, as women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, nightdresses and pajamas, of cotton, with two or more colors in the warp and/or the filling. The applicable rate of duty is 9.5 percent ad valorem. Style 661M shirt, under subheading 6204.22.3060, HTSUSA, textile category 341, as women's or girls' suits, ensembles, suit-type jackets , blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), ensembles, of cotton, other, blouses and shirts, with two or more colors in the warp and/or filling. The applicable rate of duty is 16.4 percent ad valorem. shorts, under subheading 6204.22.3050, HTSUSA, textile category 348, as women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), ensembles, of cotton, other, shorts. The applicable rate of duty is 17.7 percent ad valorem. 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 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 applicability of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division