HQ 957865: Classification of woven garments: CIE 13/88; Mast Industries v. United States; pajama set

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 957865
                          June 13, 1995

CLA-2   R:C:T   957865   jb

CATEGORY: Classification

TARIFF NO.: 6208.21.00

Mr. Louis A. Kaszubski
BDP International Inc.
147-31 176th Street
Jamaica, NY 11434

RE:  Classification of woven garments: CIE 13/88; Mast Industries v. United States; pajama set

Dear Mr. Kaszubski:

     This is in reference to your letter, dated January 30, 1995, on behalf of your client, Lucine
Almas, requesting the tariff classification of a woven cotton top and bottom.  Samples were
provided to this office for examination.

FACTS:

     The subject samples, referenced style Lai, consist of a top and bottom composed of woven
cotton; an inside tag indicates they are a size 1.  The top has a notch collar, lapels, a full frontal
opening with button closures (the garment buttons left over right), a breast pocket and long
sleeves with cuffs.  In addition, the top features contrasting piping on the collar, lapels, cuffs, the
frontal opening and the breast pocket.  The pants have a flat waistband with a functional
drawstring, a fly front with a substantial one button placketed closure, and leg bottoms with cuffs
with contrasting piping.   

     You believe that the garments are classifiable as a woman's pajama set.  In support of this
claim, you submitted to our New York office an advertisement of a woman wearing a Lucine
Alma's oversized pajama shirt and you emphasize that "Lucine Almas" deals exclusively with
woman's goods.

ISSUE:

     Whether the subject garments are classifiable together as a pajama set or separately as a
shirt and pants?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is governed by the General Rules of
Interpretation (GRI).  GRI 1 provides that classification shall be determined according to the
terms of the headings and any relative section or chapter notes, taken in order.  Merchandise that
cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent
GRI.

     The Textile Category Guidelines, CIE 13/88, state:
     
     Pajamas are worn by both sexes and all ages.  They consist 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 or of any style panties. *** Pajamas are sleepwear.

     This position is consistent with the judgment in Mast Industries v. United States, 9 CIT
549 (1985), aff'd., 786 F.2d 1144 (Fed. Cir. 1986), that nightclothes are garments to be worn to
bed, and that the garment in question, found to be designed, manufactured and marketed, and 
used as nightwear, was so classifiable.

     In addition, there are various lexicographic sources which similarly define "pajamas":

     1.  The American Heritage Dictionary, Second College Edition, at page 893, "A loose-           fitting garment consisting of trousers and a jacket, worn for sleeping or lounging."

     2.  The Random House College Dictionary, 1968, at page 956, "night clothes consisting of
          loose-fitting trousers and jacket".

     3.  Essential Terms of Fashion: A Collection of Definitions, published by Fairchild, "one or
           two-piece item of apparel originally designed for sleeping."

     4.  Thorndike Barnhart Comprehensive Desk Dictionary, 1967, at page 563, "garments to          sleep in, etc., consisting of a coat and loose trousers fastened at the waist."

     Chapter 62, HTSUSA, provides for articles of apparel, and clothing accessories, not
knitted or crocheted.  Note 8 to chapter 62, HTSUSA, states, in relevant part:

     Garments of this chapter designed for left over right closure at the front shall be regarded   as men's or boys' garments, and those designed for right over left closure at the front as     women's or girls' garments.

     


     In determining whether merchandise is classifiable as pajamas, Customs will consider the
submitted samples and any information as to how they are sold.  Although in the case of the
subject garments you submitted and advertisement of a woman wearing a Lucine Almas oversized
pajama shirt and you claim that Lucine Almas deals exclusively with woman's goods, this is not
supportive of a finding that the garments should be classified as pajamas.  However, as the
samples themselves are strongly persuasive that they are correctly classifiable as a pajama set,
they are so classified.

HOLDING:

     The subject merchandise, referenced style Lai, is correctly classified as a pajama set in
subheading 6208.21.00, HTSUSA, which provides for, among other things, women's or girls'
nightdresses and pajamas: of cotton.  The applicable rate of duty is 9.4 percent ad valorem.

     Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the
classification) and the restraint (quota/visa) categories, your client should contact the 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