HQ 085612: Nightshirt and shirt/short ensemble

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 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