HQ 956537: Tariff classification for men's woven cotton flannel trousers from Korea; sleepwear; loungewear.

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 956537

                          June 22, 1994

CLA-2 CO:R:C:T 956537 ch

CATEGORY:  Classification

TARIFF NO.:  6203.42.4015

Alexandra M. Stoianovici
Associated Merchandising Corporation
1440 Broadway
New York, New York  10018

Re:  Tariff classification for men's woven cotton flannel
     trousers from Korea; sleepwear; loungewear.

Dear Ms. Stoianovici:

     This is in response to your letter of April 25, 1994,
requesting tariff classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) for a pair of
men's cotton flannel trousers.  A sample was provided to this
office for examination and will be returned to you under separate
cover.  

FACTS:

     The submitted sample, style F9444501, is a pair of men's
woven cotton flannel trousers with a turned over elasticized
waistband, elasticized leg bottoms and diagonal front pockets. 
The garment does not possess a fly.  A "Daewoo" label has been
sewn inside the waist.

     You have proffered a catalog advertisement to support your
contention that style F9444501 is marketed as sleepwear.  The
advertisement contains a picture of three models wearing pajamas
or shorts.  It includes descriptive printed matter which states
in pertinent part:

     Stay warm and comfortable on those cool winter nights
     with stylish sleepwear and jams from Charles Goodnight.

                         *      *      *

     Coordinating flannel sleep pant with black cuffs and
     logo waistband.

                         *      *      *

     Flannel sleep pant in black watch plaid with black
     cuffs and logo waist band.

ISSUE:

     Whether the garment is classified in subheading
6207.91.3010, HTSUSA, which provides for pajamas and similar
articles including sleepwear; or subheading 6203.42.4015, HTSUSA,
which provides for men's cotton trousers?

LAW AND ANALYSIS:

     The Guidelines for the Reporting of Imported Products in
Various Textile and Apparel Categories, CIE 13/88, state, at page
24, that:

     The term "nightwear" is interpreted as meaning
     "sleepwear" so that certain garments worn in bed in the
     daytime, as by infants over 86 centimeters in height
     and the bed-ridden, are included.  "Other nightwear"
     includes various articles worn for sleeping, such as
     nightgowns, night-shirts, "waltz gowns," etc., but does
     not include negligees, bed jackets, "sleep coats," or
     other apparel designed to be worn over sleepwear. 
     (Emphasis added).

Similarly, in Mast Industries v. United States, 9 CIT 549, the
court concluded that the definition of nightclothes was "garments
worn to bed."  

     Style F9444501 is composed of flannel, which is a cloth
suitable for pajamas and similar articles.  However, this article
possesses physical characteristics which suggest it will not be
worn exclusively as sleepwear.  For example, side pockets are not
normally associated with sleepwear.  Under normal circumstances
there is no need for pockets in a pair of trousers principally
worn in bed or for sleeping.  Moreover, the absence of a fly and
the presence of elasticized leg bottoms suggests that this item
may be worn in a manner consistent with sweat pants.  Conversely,
sleep pants usually feature a fly.  Based on the foregoing, we
conclude that style F9444501 is a multiple use garment.  

     Although you state that the advertising material pertains to
style F9444501, we find no evidence to substantiate this claim. 
The descriptive literature makes no mention of sleep pants
possessing side pockets or elasticized leg openings, which are
significant design characteristics.  On the other hand, the
trousers which are described possess a "logo waistband" not
incorporated as part of the instant garment.  In addition, style
F9444501 is not displayed in the advertisement.  Finally, the
promotional material relates to sleepwear from Charles Goodnight,
whereas style F9444501 is sold by Daewoo.  Consequently, the
advertisement does not support your claim that this article is
marketed as sleepwear.

     In HRL 951032, dated May 7, 1992, we classified several
garments, including a pair of men's pants with rib knit cuffs, as
well as side seam and rear pockets.  In that decision, we stated:

     After examining the garments in question, we find that
     there is nothing about the styling, fabric, cut, or
     construction of these garments which indicate that they
     were designed primarily for wear to bed.  Rather, the
     garments are designed and constructed in the manner and
     style of knit sportswear.  We believe that these
     garments are part of the relatively new men's
     loungewear trade where the garments are designed for
     comfortable wear in and around the home.  Garments of
     this type are multi-purpose garments rather than
     garments designed primarily to be worn to bed for
     sleeping.

Thus, we found that the garments were classifiable as loungewear
for the reason that they were not primarily designed for use in
bed.  Similarly, style F9444501 is a multi-purpose garment which
may be worn in and around the home or even out of doors. 
Consequently, it shall be regarded as loungewear and is
classifiable as a pair of men's trousers.

HOLDING:

     The subject merchandise is classifiable under subheading
6203.42.4015, HTSUSA, which provides for trousers, bib and brace
overalls, breeches and shorts:  of cotton:  other:  other,
trousers and breeches:  men's:  other.  The applicable rate of
duty is 17.7 percent ad valorem.  The textile quota category is
347.

     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 the subject of frequent negotiations 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 the 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 the local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.

                         Sincerely,



                         John Durant, Director