HQ 0079692 - Loose fitting blouse-like garment with short sleeves, shirt collar and two breast pockets. The bottom is a pair of loose- fitting shorts with elastic waist. - United States International Trade Commision Rulings

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HQ 079692

July 1, 1988

CLA-2 CO:R:C:G 079692 JLJ

CATEGORY: CLASSIFICATION

TARIFF NO.: 384.47

Mrs. D.W.S. Wai
British Embassy, Hong Kong Office
3100 Massachusetts Avenue, N.W.
Washington, D.C. 20008

RE: Loose fitting blouse-like garment with short sleeves, shirt collar and two breast pockets. The bottom is a pair of loose- fitting shorts with elastic waist.

Dear Mrs. Wai:

FACTS:

You asked us to reconsider the tariff classification and category of two ladies' garments imported by Stern-Maid Nitewear at New York on Customs Entry No. 86-802472-3 (your case No. HK26/86).

Two samples were submitted with your request, a top and a bottom. The top is a loose fitting blouse-like garment with short sleeves, shirt collar and two breast pockets. The bottom is a pair of loose-fitting shorts with elastic waist.

ISSUE:

What is the correct tariff classification of these garments?

LAW AND ANALYSIS:

You claim that these garments are sleepwear and that they belong in category 351. These garments are multi-use garments, however, and they are not limited to use as sleepwear. Advertisements of similar items show them worn for both sleepwear and leisurewear, indoors and outdoors.

The Court of International Trade, in Mast Industries v. United States, 9 CIT 549 (1985), aff'd, 786 F.2d 1144 (1986), noted the definition of nightclothes as "garments to be worn to bed." Further, the Textile Category Guidelines, C.I.E. 6/87, reflect the many past decisions in which Customs has classified as nightwear those garments "worn for sleeping." Garments worn on the street are not classifiable under the statistical breakouts for pajamas and other nightwear.

HOLDING:

The bottom is classified under the provision for other women's wearing apparel, not ornamented, of cotton, not knit, other, other, shorts, item 384.4724, Tariff Schedules of the United States Annotated (TSUSA), textile category 348.

The top is classified under the provision for other women's wearing apparel, not ornamented, of cotton, not knit, other, other, shirts, item 384.4786, TSUSA, textile category 341.

Sincerely,

John Durant, Director

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