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HQ 088192

February 20, 1991

CLA-2 CO:R:C:T 088192 CMR


TARIFF NO.: 6208.22.0000

Ms. Dorla Reppas
25001 Industrial Boulevard
Hayward, Cal. 94545

RE: Ladies' boxer style shorts

Dear Ms. Reppas:

This ruling is in response to your submission of October 5, 1990, requesting classification of three styles of ladies' undergarments. Rulings were issued by the Area Director, New York Seaport for two of the garments. The third, a pair of ladies' boxer shorts, style 53035, was referred to this office for a response.


Style 53035 is a ladies' boxer of 100 percent polyester woven liquid satin fabric. The fabric is somewhat sheer and is soft and flimsy. The boxer features a fake fly front with two covered buttons at the waist. It has a fabric front waistband and a one-inch wide, heavy elastic back waistband with two rows of stitching causing a shirring effect. The boxer is very short in length.

You state in your submission that the boxers are underwear and are sold and displayed in the lingerie area only. Advertising was included in the submission to substantiate your position.


Is the ladies' boxer at issue. style 53035, classifiable as underwear, nightwear or shorts?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

The most persuasive evidence before us is the garment itself. You claim it is an undergarment designed to be worn under dresses and sportswear. We agree that it is not outerwear due to the nature of the fabric, however, we disagree that the garment is principally used as an undergarment.

The one-inch wide, heavy elastic back waistband and the two covered buttons at the front center are features which we believe are not generally found on women's underwear bottoms. The thickness, size and construction of the elastic waistband would make it appear difficult to conceal under clothing as would the covered buttons. We believe these features would interfere with the smooth line and appearance of outerwear garments.

The advertising material submitted to support your claim of underwear classification indicates the garment may also be used as sleepwear. The garment is shown with other garments in advertisements which indicate use as daywear or nightwear. For instance, one advertisement states, "Pure elegance to enjoy during her busy days or as silky dreamwear for her nights." Another states, "Satin luxuries for her to enjoy day or night." While it is generally acknowledged that consumers will purchase and use a garment in the manner in which it is marketed, this garment is marketed for more than one use. For the reasons stated above, we do not believe the garment will be principally used by women as underwear. Therefore, based on an examination of the garment and taking into consideration the material in your submission, we believe the garment will be principally used as nightwear, probably in conjunction with another garment comparable to pajamas.


The submitted garment, a ladies' boxer, style 53035, is classified as nightwear in subheading 6208.22.0000, HTSUSA, which provides for women's or girls' nightdresses and pajamas of man- made fibers. The garment falls within textile category 651 and is dutiable at 17 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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.


John Durant, Director
Commercial Rulings Division

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