Classification of woven garments: CIE 13/88; Mast Industries v. United States; pajama set

HQ 957865 June 13, 1995 CLA-2 R:C:T 957865 jb CATEGORY: Classification TARIFF NO.: 6208.21.00 Mr. Louis A. Kaszubski BDP International Inc. 147-31 176th Street Jamaica, NY 11434 RE: Classification of woven garments: CIE 13/88; Mast Industries v. United States; pajama set Dear Mr. Kaszubski: This is in reference to your letter, dated January 30, 1995, on behalf of your client, Lucine Almas, requesting the tariff classification of a woven cotton top and bottom. Samples were provided to this office for examination. FACTS: The subject samples, referenced style Lai, consist of a top and bottom composed of woven cotton; an inside tag indicates they are a size 1. The top has a notch collar, lapels, a full frontal opening with button closures (the garment buttons left over right), a breast pocket and long sleeves with cuffs. In addition, the top features contrasting piping on the collar, lapels, cuffs, the frontal opening and the breast pocket. The pants have a flat waistband with a functional drawstring, a fly front with a substantial one button placketed closure, and leg bottoms with cuffs with contrasting piping. You believe that the garments are classifiable as a woman's pajama set. In support of this claim, you submitted to our New York office an advertisement of a woman wearing a Lucine Alma's oversized pajama shirt and you emphasize that "Lucine Almas" deals exclusively with woman's goods. ISSUE: Whether the subject garments are classifiable together as a pajama set or separately as a shirt and pants? LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI. The Textile Category Guidelines, CIE 13/88, state: 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. *** Pajamas are sleepwear. This position is consistent with the judgment in Mast Industries v. United States, 9 CIT 549 (1985), aff'd., 786 F.2d 1144 (Fed. Cir. 1986), that nightclothes are garments to be worn to bed, and that the garment in question, found to be designed, manufactured and marketed, and used as nightwear, was so classifiable. In addition, there are various lexicographic sources which similarly define "pajamas": 1. The American Heritage Dictionary, Second College Edition, at page 893, "A loose- fitting garment consisting of trousers and a jacket, worn for sleeping or lounging." 2. The Random House College Dictionary, 1968, at page 956, "night clothes consisting of loose-fitting trousers and jacket". 3. Essential Terms of Fashion: A Collection of Definitions, published by Fairchild, "one or two-piece item of apparel originally designed for sleeping." 4. Thorndike Barnhart Comprehensive Desk Dictionary, 1967, at page 563, "garments to sleep in, etc., consisting of a coat and loose trousers fastened at the waist." Chapter 62, HTSUSA, provides for articles of apparel, and clothing accessories, not knitted or crocheted. Note 8 to chapter 62, HTSUSA, states, in relevant part: Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. In determining whether merchandise is classifiable as pajamas, Customs will consider the submitted samples and any information as to how they are sold. Although in the case of the subject garments you submitted and advertisement of a woman wearing a Lucine Almas oversized pajama shirt and you claim that Lucine Almas deals exclusively with woman's goods, this is not supportive of a finding that the garments should be classified as pajamas. However, as the samples themselves are strongly persuasive that they are correctly classifiable as a pajama set, they are so classified. HOLDING: The subject merchandise, referenced style Lai, is correctly classified as a pajama set in subheading 6208.21.00, HTSUSA, which provides for, among other things, women's or girls' nightdresses and pajamas: of cotton. The applicable rate of duty is 9.4 percent ad valorem. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client should contact the 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 Rulings Division