HQ 084934: Reconsideration of NYRL 837658 of March 16, 1989

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 084934

                                October 12, 1989


      CLA-2 CO:R:C:G  084934  CMR  841744

      CATEGORY: Classification

      TARIFF NO.: 6108.31.0010

      Robert Stang, Esq.
      Grunfeld, Desiderio, Lebowitz & Silverman
      12 East 49th Street
      New York, New York,  10017

      RE: Reconsideration of NYRL 837658 of March 16, 1989

      Dear Mr. Stang:

           This ruling is in response to your letter of May 26, 1989, on
      behalf of your client, Lane Bryant, requesting reconsideration of
      NYRL 837658.

      FACTS:

           In NYRL 837658, Customs ruled that style 0737, a women's top and
      shorts set, was classified as an ensemble.  Documentation in the form
      of a purchase order, specification sheet, floor set, shippers'
      advice, etc., has been submitted to support your claim that style
      0737 should be classified as a pajama set.

           Style 0737 consists of a 100 percent cotton knit top and a 100
      percent cotton knit bottom.  The pullover knit top features a crew
      neck, short sleeves, a front chest pocket with a crest, wide torso,
      and a straight hemmed bottom.  The bottom is a pair of loose-fitting
      shorty shorts with a wide elastic waistband, a fly opening, and wide
      leg openings with straight hemmed bottoms.

           Style 0740 has also been submitted for consideration.  It is
      identical to style 0737 except that 0737 has stripes whereas 0740 has
      polka dots.

           The merchandise will be imported from a number of countries
      including, but not limited to, Hong Kong and China.














                                       -2-


      ISSUE:

           Was style 0737 properly classified as an ensemble in NYRL
      837658, or should it be classified as a pajamas set as claimed?

           Is style 0740 classifiable as a pajamas set?

      LAW AND ANALYSIS:

           Classification of merchandise is in accordance with the General
      Rules of Interpretation (GRIs), taken in order.  GRI 1 provides that
      classification shall be determined according to the terms of the
      headings and any relative section or chapter notes.  Heading 6108,
      HTSUSA, provides for women's or girls' nightdresses, pajamas,
      negligees, bathrobes, dressing gowns and similar articles, knitted or
      crocheted.  Since the samples at issue are marketed and sold as
      nightwear, they are classifiable in heading 6108, HTSUSA.

      HOLDING:

           The samples at issue, styles 0737 and 0740, are classifiable as
      women's pajamas in subheading 6108.31.0010, HTSUSA, textile category
      351, dutiable at 9 percent ad valorem.

           NYRL 837658 of March 16, 1989, is hereby revoked in accordance
      with 19 CFR 177.9(d).

           The designated textile and apparel category may be subdivided
      into parts.  If so, the 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 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
      updated weekly and is available for inspection 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 importation of this merchandise to determine the current
      status of any import restraints or requirements.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division











      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins