HQ 084869: Classification of a woman's knit pullover

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 084869                             

                         August 31, 1989

CLA-2 CO:R:C:G  084869  HP

CATEGORY:  Classification

TARIFF NO.:  6108.91.0010

Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Ave.
Kansas City, MO 64108

RE:  Classification of a woman's knit pullover

Dear Mr. O'Neill:

     In a letter dated April 24, 1989 (NYRL 839611), the Area
Director, New York Seaport, issued you a ruling letter with
respect to tariff classification of a ladies' knit shirt,
produced in Hong Kong, and described below.  In the ruling
letter, the shirt was classified under the provisions for
sweaters, pullovers, etc., knitted, of cotton, subheading
6110.10.2075, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).

FACTS:

     The merchandise at issue consists of a women's 100 percent
cotton oversized pullover shirt, Style #200.  The fabric of the
garment contains less than 10 stitches per linear centimeter. 
The garment has long sleeves and would appear to extend to
approximately mid-thigh.  Additional features include a two
button placket directly below the neck area, a hemmed bottom and
hemmed sleeves.  A sleeping animal clutching a teddy bear adorns
the front of the garment, along with the words "CLEMZZZON
UNIVERZZZITY."

     In support of your request for reconsideration, you have
stated, and we have no cause to doubt, that the intended and
primary use of the garment is as sleeping apparel.  You note that
over 70 percent of your sales of this style are to the college
bookstore market, and have forwarded to our New York office
competitor's advertisements in college bookstore catalogs
marketing similar items as sleeping apparel.  You also enclosed
various inventory reports and customer orders supporting this
view.

ISSUE:

     Is the garment considered sleeping apparel under HTSUSA?

LAW AND ANALYSIS:

     Heading 6108, HTSUSA, provides for, inter alia, women's
nightdresses, pajamas, and similar articles.  The Guidelines for
the Reporting of Imported Products in Various Textile and Apparel
Categories, CIE 13/88 (Nov. 23, 1988), at 24, describes
"nightwear" as meaning sleepwear, including "various articles
worn for sleeping, such as nightgowns [a.k.a. nightdresses],
night-shirts, `waltz gowns,' etc."  Webster's II New Riverside
University Dictionary (1984) clarifies this description by
defining "nightshirts" as "[a] long shirt worn in bed."  Emphasis
added.  Accordingly, if the instant merchandise is a long shirt
designed to be worn in bed, as opposed to being designed as
outerwear, it will be classifiable as a woman's nightdress.

     The instant garment is an oversized, nonbinding, pullover
that could be worn either as outerwear or as nightwear.  As we
stated above, the front of the garment is adorned with a sleeping
animal clutching a teddy bear.  Such members of the Ursidae
family are normally associated with nocturnal activities.

     You have asserted that goods of this type are principally
used as sleepwear in the United States.  Further, you provided
proof, in the form of invoices, inventory descriptions, etc.,
that the instant merchandise is so used.  Although evidence of
use as nightwear is not dispositive of your claim, illustration
of such a role, in addition to the design of the garment as
described in the preceding paragraph, support your contention
that the knit pullovers should be reclassified as nightdresses.

HOLDING:

     As a result of the foregoing, the instant merchandise is
classified under subheading 6108.31.0010, HTSUSA, textile
category 351, as women's or girls' slips, petticoats, briefs,
panties, nightdresses, pajamas, negligees, bathrobes, dressing
gowns and similar articles, knitted or crocheted, nightdresses
and pajamas, of cotton, women's.  The applicable rate of duty is
9 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.

     Pursuant to section 177.9, Customs Regulations (19 C.F.R.
177.9), the ruling letter of April 24, 1989 is modified in
conformity with the foregoing.


                                   Sincerely,


                                   John Durant, Director
                                   Commercial Rulings Division