HQ 959135: Classification of woven cotton yarn-dyed flannel sleep topsand pants; heading 6207, HTSUSA.

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  959135
                          June 20, 1996
CLA-2 RR:TC:TE 959135 SK

CATEGORY:  Classification

TARIFF NO.'s: 6207.21.0010

Rebecca Cheung
Federated Product Development
Eleven Penn Plaza
New York, N.Y. 10001

RE: Classification of woven cotton yarn-dyed flannel sleep tops
and pants; heading 6207, HTSUSA. 

 Dear Ms. Cheung:

     This is in response to your inquiry of February 26, 1996, in
which you request a binding classification ruling for four styles
of woven cotton yarn-dyed flannel garments.    Four samples of
the subject merchandise were submitted to this office for
examination. 

FACTS:

     Four samples were submitted to this office, identified as
style numbers 5577,5560, 6505 and 5585.  All are constructed of
woven cotton yarn-dyed flannel.  Style number 5577 has a shirt
collar, a full frontal opening with button closures, a breast
pocket and long hemmed sleeves without cuffs.  Style number 5560
is a pullover with a Henley neck having a partial opening with a
three button closure and long hemmed sleeves without cuffs. 
Style number 6505 is a pair of shorts with a fully elasticized
turned-over waistband, a functional self-fabric drawstring, a
fly-front opening without a closure, side seam pockets and hemmed
leg bottoms.  Style number 5585 is a pair of pants with a fully
elasticized turned-over waistband, a functional self-fabric
drawstring, a fly front opening without a closure , side seam
pockets and rolled cuffs.  

                              - 2 -
     In a May 9, 1996, telephone conversation with an attorney-advisor in the Textile Branch, you stated that the subject
garments will be imported in equal numbers of tops and bottoms in
a single shipment and that the tops and bottoms will match as to
design and size.  You also state, in your written submission,
that the tops and bottoms will be sold at retail as "a group of
flannel sleepwear separates."

ISSUE:

     What is the proper classification for the subject
merchandise?

LAW AND ANALYSIS:

     Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's).  GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes. Merchandise
that cannot be classified in accordance with GRI 1 is to be
classified in accordance with subsequent GRI's, applied in
sequential order.  

     Heading 6207, HTSUSA, provides for, inter alia, men's
nightshirts, pajamas and similar articles.  Customs has
consistently ruled that pajamas are generally two-piece garments
worn for sleeping.  One-piece garments used for sleeping may be
classifiable as pajamas, but such garments cover the entire
torso.  Other one piece garments used for sleeping are not
classifiable as pajamas; instead they fall into a residual
provision within heading 6207, HTSUSA, for similar articles. 
Garments classifiable in this residual provision include sleep
shorts and sleep pants.  

     In Headquarters Ruling Letter (HRL) 088635, dated May 24,
1991, and HRL 089367, dated July 31, 1991, Customs addressed the
issue of the meaning of the term "pajamas" for tariff purposes. 
Those rulings cited various definitions of pajamas as follows:

*    Essential Terms of Fashion: A Collection of Definitions,
published by Fairchild, at    128, defines pajamas as, "[O]ne or
two piece item of apparel originally         designed for
sleeping...;"

*    The American Heritage Dictionary, Second College Edition, at
893, "[A] loose-    fitting garment consisting of trousers and a
jacket, worn for sleeping or       lounging;"



                              - 3 -

*    Webster's II New Riverside University Dictionary, (1984), at
845, "[A] loose-    fitting garment having of (sic) trousers and
a jacket, worn for sleeping or     lounging;"

*    The Guidelines for the Reporting of Imported Products in
Various Textile and Apparel   Categories (Guidelines), CIE 13/88,
dated November 23, 1988, "[P]ajamas 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
                                                            any
                                                            style
                                                            panties. 
                                                            The
                                                            lower
                                                            part
                                                            sometimes      encloses
                                                            the
                                                            feet. 
                                                            Pajamas
                                                            are
                                                            sleepwear... ."

     In both HRL's 088635 and 089367, Customs concluded that no
support could be found for the proposition that the common
meaning of the term pajamas included the individual components of
a pajama set standing alone.  Thus, pajama bottoms imported
without their matching pajama tops are not classifiable as
pajamas; the same holds true for the opposite case.  In reaching
a decision on the classification of "pajamas" or similarly
designed articles, Customs will examine how the garments are
imported.  If garments are imported in shipments of tops or
bottoms only, they cannot be classified as pajamas.  However, if
the garments are imported in shipments consisting of equal
numbers of tops and bottoms, and the tops and bottoms match in
design, style, color and size, as is the case here, the garments
are classifiable as pajamas.  See also HRL 957862, dated December
21, 1995.

HOLDING:

     Style numbers 5577,5560, 6505 and 5585 are imported in
single shipments of equal numbers of tops and bottoms that match
in design and size.  Accordingly, these styles are classifiable
under subheading 6207.21.0010, HTSUSA, which provides for men's
cotton pajamas with two or more colors in the warp and/or the
filling.  The applicable rate of duty is 9.4 percent ad valorem
and the textile quota category is 351.

     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 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 your local Customs office.


                              - 4 -

     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 importing the merchandise to determine
the current status of any import restraints or requirements.


                              Sincerely,



                              John Durant, Director
                              Tariff Classification Appeals
Division