HQ 085672: Classification of women's clothing

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 085672

                                  October 29, 1989


          CLA-2 CO:R:C:G  085672 DRR 844988

          CATEGORY:  Classification

          TARIFF NO.: 6206.30.3010; 6204.62.4055; 6204.22.3060;
                      6204.22.3050

          Robert T. Stack, Esq.
          Siegel, Mandell & Davidson, P.C.
          One Whitehall Street
          New York, New York 10004

          Re:  Classification of women's clothing

          Dear Mr. Stack:

               This is in response to your letter dated July 14, 1989, on
          behalf of Dillard Department Stores, Inc. (Dillard's), requesting
          the classification of women's garments, under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA).

          FACTS:

               The merchandise at issue, style 5203, consists of two
          pieces.  The upper component is styled like a shirt.  It has a
          full front opening with a placket secured by seven buttons, a
          pointed collar, with a collar band, short sleeves with turned-up
          cuffs, a single breast patch pocket, a double ply rear shoulder
          yoke and a rounded shirttail hemline.  The other component is a
          pair of pull on short pants with an elasticized waist band.  The
          garments are made of 100 percent woven cotton yarn dyed striped
          fabric and will be imported from India.  Your letter indicates
          that you believe that the garments are classifiable as pajamas
          under subheading 6208.21.0010, HTSUSA.

          ISSUE:

               Whether the garments at issue are classifiable under
          subheading 6208.21.0010, HTSUSA, or subheading 6206.30.3010,
          HTSUSA, and subheading 6204.62.4055, HTSUSA.



















                                         -2-

          LAW AND ANALYSIS:

               Classification under the HTSUSA is in accordance with the
          General Rules of Interpretation (GRI's).  GRI 1 provides that
          classification is determined first in accordance with the terms
          of the headings of the tariff and any relative section and
          chapter notes.

               Heading 6208, HTSUSA, provides for women's and girl's
          pajamas and similar articles.  The Explanatory Notes, the
          official interpretation of the HTSUSA at the international level,
          state that the garments specified in Heading 6208 are usually
          worn indoors.

               To assist in the classification of nightwear, Customs looks
          to the Textile Category Guidelines, C.I.E. 13/88.  These
          Guidelines, revised in accordance with the HTSUSA, reflect the
          many past Customs Service decisions to classify as pajamas and
          other nightwear those garments worn to bed for sleeping.  T.D.
          87-118, which limited the St. Eve decision to the merchandise
          before the court, reiterated Customs' position that nightwear is
          sleepwear, and that garments advertised and sold as dresses,
          shirts, trousers, beachrobes, or other nonsleep articles are not
          classifiable as nightwear.  This position is consistent with the
          judgment in Mast Industries, that nightclothes are garments to be
          worn to bed, and that the garment in question, found to be
          designed, manufactured, marketed, and used as nightwear, was so
          classifiable.  We find no inconsistency in considering these same
          factors in classifying pajamas, nightdresses, and similar
          garments under the HTSUSA.

               Garments that are clearly nightwear generally do not come
          before Customs for rulings because there is no doubt as to their
          tariff classification.  Difficulties arise when garments claimed
          to be nightwear resemble dresses, shirts, trousers, or other
          garments intended to be worn, not in the privacy of the bedroom,
          but for public view.  The more closely merchandise resembles
          outerwear garments in color, style, and fabric, the more
          difficult it is to establish that it is sleepwear.























                                         -3-

               Another difficulty arises where the environment of sale, in
          addition to the garment styles, is ambiguous.  Examination of the
          trade press indicates that sleepwear/intimate apparel departments
          of stores have sought to increase sales by offering a variety of
          clothes in addition to sleepwear and underwear.  Visits to the
          stores themselves reveal that this is indeed the case.  Thus, an
          importer's claim that the merchandise is sold in a sleepwear
          department is not conclusive of its classification.  In many
          cases, garments sold in these departments are indistinguishable
          from those sold elsewhere.

               When goods are not clearly sleepwear, evidence of marketing
          in the United States as sleepwear is a factor in classification.
          In determining whether a particular garment is to be worn to bed
          for sleeping, Customs will consider the sample itself and
          whatever information the importer can supply about how the
          garment will be marketed and sold.  We must also consider how the
          same or virtually the same article is advertised and sold by
          others.  In some cases we receive samples of the same merchandise
          from different importers requesting different classifications.
          With regard to documentation in support of a claimed
          classification, letters of credit, purchase orders, contracts,
          confirmations, and other documentation incidental to the purchase
          of the merchandise cannot be regarded as conclusive.  These
          documents can be self-serving and do not necessarily reflect how
          merchandise is advertised in the U.S. market.  In the instant
          case, you have submitted purchase orders and a statement from a
          buyer for Dillard's.  Your letter indicates that there is no
          advertising material available for these garments.

          HOLDING:

               The garments at issue, when imported separately, are
          classified as a shirt and shorts under subheading 6206.30.3010,
          HTSUSA, with a duty rate of 16.4 percent and subject to textile
          category 341, and subheading 6204.62.4055, HTSUSA, with a duty
          rate of 17.7 percent and subject to textile category 348.  When
          imported together as a set, the garments are classified under
          subheading 6204.22.3060, HTSUSA, and subheading 6204.22.3050,
          HTSUSA, respectively.

               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
















                                        - 4 -

          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 internal
          issuance of the U.S. Customs Service, which is available for
          inspection at your local Customs office.

               Due to the changeable nature of the statistical annotation
          and the restraint (quota/visa) categories applicable to textile
          merchandise, you should contact your local Customs office prior
          to importation of this merchandise to determine the current
          status of any import restraints or requirements.

               Your sample is being returned to you, as requested.


                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division








































          6 cc: Area Dir., N.Y. Seaport
          D. Rimmer library/peh
          085034