HQ 079692: Loose fitting blouse-like garment with short sleeves, shirt collar and two breast pockets. The bottom is a pair of loose- fitting shorts with elastic waist.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 079692

                                    July 1, 1988


          CLA-2 CO:R:C:G 079692 JLJ

          CATEGORY: Classification

          TARIFF NO.: 384.47

          Mrs. D.W.S. Wai
          British Embassy, Hong Kong Office
          3100 Massachusetts Avenue, N.W.
          Washington, D.C. 20008

          RE:  Loose fitting blouse-like garment with short sleeves, shirt
          collar and two breast pockets.  The bottom is a pair of loose-
          fitting shorts with elastic waist.

          Dear Mrs. Wai:

          FACTS:

               You asked us to reconsider the tariff classification and
          category of two ladies' garments imported by Stern-Maid Nitewear
          at New York on Customs Entry No. 86-802472-3 (your case No.
          HK26/86).

               Two samples were submitted with your request, a top and a
          bottom.  The top is a loose fitting blouse-like garment with
          short sleeves, shirt collar and two breast pockets.  The bottom
          is a pair of loose-fitting shorts with elastic waist.

          ISSUE:

               What is the correct tariff classification of these garments?

          LAW AND ANALYSIS:

               You claim that these garments are sleepwear and that they
          belong in category 351.  These garments are multi-use garments,
          however, and they are not limited to use as sleepwear.
          Advertisements of similar items show them worn for both sleepwear
          and leisurewear, indoors and outdoors.

               The Court of International Trade, in Mast Industries v.
          United States, 9 CIT 549 (1985), aff'd, 786 F.2d 1144 (1986),
          noted the definition of nightclothes as "garments to be worn to
          bed."  Further, the Textile Category Guidelines, C.I.E. 6/87,
          reflect the many past decisions in which Customs has classified
          as nightwear those garments "worn for sleeping."  Garments worn
          on the street are not classifiable under the statistical
          breakouts for pajamas and other nightwear.











                                         -2-


          HOLDING:

               The bottom is classified under the provision for other
          women's wearing apparel, not ornamented, of cotton, not knit,
          other, other, shorts, item 384.4724, Tariff Schedules of the
          United States Annotated (TSUSA), textile category 348.

               The top is classified under the provision for other women's
          wearing apparel, not ornamented, of cotton, not knit, other,
          other, shirts, item 384.4786, TSUSA, textile category 341.

                                          Sincerely,




                                          John Durant, Director
                                          Commercial Rulings Division











































          1cc: CITA
          1cc: John Durant
          6cc: A.D. N.Y. Seaport (NIS-360-29)
          JLJohnson:tj:typed 06/01/88