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HQ 087478

November 9, 1990

CLA-2 CO:R:C:G 087478 CRS


TARIFF NO.: 6204.63.3510; 6206.40.3030

Ellen E. Rosenberg, Esq.
Robert T. Stack, Esq.
Tompkins & Davidson
One Whitehall Street
New York, NY 10004

RE: Women's top and bottom garments having the characteristics of loungewear are classifiable as blouses or trousers rather than as pajamas. NYRL 852596 affirmed.

Dear Ms. Rosenberg and Mr. Stack:

This is in reply to your letter dated June 28, 1990, on behalf of your client, May Department Stores International, Inc., (May) concerning the classification of women's garments under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The merchandise at issue consists of two styles of women's garments (style nos. 24062 and 2406) made from 100 percent woven polyester jacquard fabric. In New York Ruling Letter (NYRL) 852596 dated June 4, 1990, style 24062, consisting of both a top and bottom garment, was classified in subheadings 6206.40.3030 and 6204.63.3510, HTSUSA, under the provisions for women's shirts and trousers, respectively. Style 2406, consisting solely of an upper garment, was also classified as a shirt in subheading 6206.40.3030, HTSUSA. You contend that these items are instead properly classifiable as nightdresses and pajamas of heading 6208, HTSUSA and request that NYRL 852596 be reconsidered.

Style 2406

Style 2406 features a round neckline (without collar), a six button full frontal opening, side vents six inches in length, a straight hemmed bottom and long sleeves without cuffs. In addition, there is metallic braid piping approximately one-eighth inch thick at the neckline, sleeve edges and front opening. The neck opening measures roughly eighteen inches in circumference in size medium. The buttons are metal. Style 2406 is purchased for sale by May in their sleepwear departments.

Style 24062

Style 24062 consists of both an upper and lower component. The upper is similar to style 2406 except that it has five buttons rather than six. The lower of the garment has an elasticized waist and long legs without cuffs. There is no braid on this portion of the garment. Style 24062 will also be sold in the sleepwear departments of May Department Stores.


Whether styles 2406 and 24062 are similar to or have the features and characteristics of pajamas such that they are classifiable in heading 6208, HTSUSA.


Heading 6208, HTSUSA, provides inter alia, for women's or girls'...nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles. The Explanatory Notes, EN 62.08, 855, state simply that these garments are, as a general matter, worn indoors.

The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, (Textile and Apparel Guidelines) 53 FR 52563, 52569 (December 28, 1988), discuss pajamas and other nightwear in pertinent part as consisting 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." As we stated in Headquarters Ruling Letter (HRL) 085612 dated December 11, 1989, "this definition is quite broad, and would incorporate many garments clearly not sleepwear."

Style 2406 consists of an upper part in coat style. Sample 24062 consists of an upper with long sleeves and a lower part with long trouser-like legs. Both styles are loose fitting and are designed and purchased by the May sleepwear buyer for sale in the sleepwear departments of the company's stores. However, they also possess certain features not associated with pajamas, viz., metal buttons and metallic braid piping, which make them suitable for use as leisurewear either alone, or when combined with tank tops, jeans, etc. Moreover, while these garments are sold in the sleepwear department, we note that such departments often sell loungewear and multipurpose garments. Thus in consequence of their construction, it is Customs' view that the instant garments are designed to be seen and are therefore distinguishable from articles classifiable in heading 6208.


Style 2406 and the top to style 24062 are classifiable in subheading 6206.40.3030, HTSUSA, under the provision for women's or girls' blouses, shirts and shirt blouses, of man-made fibers, other, other, other, women's, and are dutiable at the rate of 28.6 percent ad valorem. The textile category is 641.

The lower component of style 24062 is classifiable in subheading 6204.63.3510, HTSUSA, under the provision for women's or girls' suits..., trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, other, trousers and breeches, women's, and is dutiable at the rate of 30.4 percent ad valorem. The textile category is 648.

Pursuant to the foregoing, NYRL 852596 dated June 4, 1990, is affirmed.

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 internal issuance of the U.S. Customs Service, which 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.


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