United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0085561 - HQ 0085622 > HQ 0085612

Previous Ruling Next Ruling

HQ 085612

December 11, 1989

CLA-2 CO:R:C:G 085612 HP


TARIFF NO.: 6204.22.3050; 6204.22.3060; 6208.21.0010

Ms. Lorraine M. Dugan

Associated Merchandising Corporation

50 Terminal Road

Secaucus, NJ 07096

RE: Nightshirt and shirt/short ensemble

Dear Ms. Dugan:

This is in reply to your letter of August 25, 1989, concerning the tariff
classification of women's garments, produced in India, under the Harmonized Tariff

Schedule of the United States Annotated (HTSUSA).


The merchandise at issue consists of two styles of women's garments. Style

88119 is a 100% woven cotton dyed striped fabric. It has a full front opening with
a nine button closure, a double ply rear shoulder yoke, long sleeves with single
button cuffs, a pointed collar with collarband, a rounded tail bottom, a back pleat,
and two front patch chest pockets.

Style 661M consists of two pieces of 100% woven cotton dyed striped fabric.

The fabric is not sheer. The upper component features a full front opening
secured by six buttons, a hidden placket, short hemmed sleeves, a pointed collar
with collar band, double ply shoulder yoke, a single breast patch pocket, and a
rounded tail bottom. The lower component is a pull-on boxer style short of
identical fabric and design, with an elastized waist and a mock fly front.

You have stated that no advertising material is available for this merchan-


Whether the submitted garments are classifiable as women's outerwear, or
as women's sleepwear, under the HTSUSA?

Style 661M

Heading 6208, HTSUSA, provides for women's sleepwear. The General

Rules of Interpretation (GRIs) to the HTSUSA govern the classification of goods in
the tariff schedule. GRI 1 states, in pertinent part:

... classification shall be determined according to the terms of the
headings and any relative section or chapter notes .. ..

Goods which cannot be classified in accordance with GRI 1 are to be classified in
accordance with subsequent GRIs, taken in order.

The Guidelines for the Reporting of Imported Products in Various Textile and

Apparel Categories, CIE 13/88 (Nov. 23, 1988), at 24, defines pajamas as "con-
sist[ing] 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...." Clearly,
this definition is quite broad, and would incorporate many garments clearly not
sleepwear. Further proof would be required before we could consider Style 661M

The department (127) and store (298) codes for Style 661M indicate that the
merchandise was purchased by Richman Gordman for their robes/ loungewear
department. Garments sold in departments such as this are worn both as sleepwear
and as outerwear. As a result, we feel that the garments are suitable for multiple
uses, and are not limited to wear while sleeping.

Heading 6204, HTSUSA, provides for women's ensembles. Note 3 to Chapter

62 states, in pertinent part:

For the purposes of headings 6203 and 6204:

(b) The term "ensemble" means a set of garments ( other than suits
and articles of heading 6207 or 6208) composed of several pieces
made up in identical fabric, put up for retail sale, and compris-

- one garment designed to cover the upper part of the
body, with the exception of waistcoats which may also
form a second upper garment, and

- one or two different garments, designed to cover the
lower part of the body and consisting of trousers, bib
and brace overalls, breeches, shorts ( other than swim-
wear), a skirt or a divided skirt.
All of the components of an ensemble must be of the same fabric
construction, style, color and composition; they also must be of
a corresponding or compatible size. * * *

Style 661M meets the above definition, and is classifiable as an ensemble.

Style 88119

In a recent binding ruling letter addressed to you, HRL 085275 of November

14, 1989, we classified a women's oversized shirt, Style 6117, as sleepwear. Style

88119 is virtually identical to the above-mentioned merchandise, except that the
instant sample is slightly larger. As with the sample in the earlier ruling, the
store code, 293, and the department code, 480, indicate that the garments were
purchased (by Ira A. Watson) for the retailer's sleepwear department. Therefore,
it is our opinion that the instant Style 88119 is intended for marketing and sale
as sleepwear, and is classifiable as such.


As a result of the foregoing, the instant merchandise is classified as follows:

Style 88119 under subheading 6208.21.0010, HTSUSA, textile category 351, as
women's or girls' singlets and other undershirts, slips, petticoats,
briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing
gowns and similar articles, nightdresses and pajamas, of cotton, with
two or more colors in the warp and/or the filling. The applicable rate
of duty is 9.5 percent ad valorem.

Style 661M shirt, under subheading 6204.22.3060, HTSUSA, textile category 341, as
women's or girls' suits, ensembles, suit-type jackets , blazers, dresses,
skirts, divided skirts, trousers, bib and brace overalls, breeches and
shorts (other than swimwear), ensembles, of cotton, other, blouses and
shirts, with two or more colors in the warp and/or filling. The
applicable rate of duty is 16.4 percent ad valorem.
shorts, under subheading 6204.22.3050, HTSUSA, textile category 348,
as women's or girls' suits, ensembles, suit-type jackets, blazers,
dresses, skirts, divided skirts, trousers, bib and brace overalls,
breeches and shorts (other than swimwear), ensembles, of cotton,
other, shorts. The applicable rate of duty is 17.7 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.
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 applicability of any import restraints or requirements.


Previous Ruling Next Ruling

See also: