HQ 089362: Classification of Men's Sleep Shorts

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 089362

                           July 17, 1991

CLA-2  CO:R:C:T  089362 PR

CATEGORY:  Classification

TARIFF NO.:  6207.92.4010

Ms. Florence A. Jurich
A.J. Jurich & Associates, Ltd.
510 King Street
Alexandria, Virginia 22314

RE:  Classification of Men's Sleep Shorts

Dear Ms. Jurich:

     This is in reply to your letter of January 22, 1991, on
behalf of both Esquel Enterprises Ltd. and J.C. Penneys,
concerning the tariff classification of certain men's sleep
shorts.  Our ruling on the matter follows.

FACTS:

     The submitted sample is a pair of silky light-weight boxer-
style men's woven polyester shorts.  It has a waistband, the rear
portion of which is elasticized, which buttons at the front, and
an unsecured front opening.

ISSUE:

     The issue presented is whether half of a set of pajamas are
classifiable as pajamas or as garments similar to pajamas.

LAW AND ANALYSIS:

     Imported goods are classifiable according to the General
Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule
of the United States (HTSUSA).  GRI 1 provides that for legal
purposes, classification shall be determined according to the
terms of the headings in the tariff and according to any
pertinent section or chapter notes.

     In this instance, the sample speaks eloquently for itself.
It is clearly a pajama bottom or a garment that is made to
resemble a pajama bottom.

     In Customs Headquarters Ruling Letter (HRL) 088635, dated
May 24, 1991, concerning a garment similar in all material
respects, Customs stated:
   In view of the numerous lexicon definitions that
state pajamas consist of a two-piece set of garments
which provide upper and lower body coverage, we find no
support for the proposition that the common meaning of
that term encompasses one part of a pajama set.  In
fact, it is questionable whether there can be pajama
"bottoms" in the absence of pajama "tops."  In such an
event, it appears that what actually exists are sleep
bottoms rather than pajama bottoms.  Accordingly,
pajama bottoms imported without their matching tops are
not classifiable as pajamas.

HOLDING:

     In view of the above, men's sleep shorts are classifiable
under the provision for sleepwear garments similar to nightshirts
and pajamas, of man-made fibers, in subheading 6207.92.4010,
HTSUSA, with duty, as a product of Sri Lanka, at the rate of 11.2
percent ad valorem.  The textile and apparel category applicable
to this merchandise is 651.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) 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.

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

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division