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HQ 089052

July 12, 1991

CLA-2 CO:R:C:T 089052 CMR


TARIFF NO.: 6207.91.3010

Mr. Jackson H. Daniel, Jr.
International Forwarders, Inc.
1350 Ashley River Road
Charleston, South Carolina 29407

RE: Classification of men's sleep pants

Dear Mr. Daniel:

This ruling is in response to your letter of March 1, 1991, on behalf of Host Apparel Inc., requesting the classification of certain men's woven sleep pants. The garments will be manufactured in China and imported through the port of Charleston, South Carolina. Your request was forwarded to this office for response along with your submitted samples.


Two samples were submitted; neither has a style number. Both pants samples are made of the same 100 percent cotton woven fabric and have an elasticized waist and hemmed bottoms. One sample has a fly front opening with a snap closure and a two snap closure on the waistband.

The garments will be sold as a pajama for men only. The size range is a standard men's small, medium, large and extra large.


Are the sleep pants at issue classifiable as men's pajamas or as other sleepwear?


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]."

A recent Customs Headquarters ruling, HRL 088635 of May 24, 1991, addressed the same matter at issue herein, i.e., whether pajama bottoms, without pajama tops, be classified as pajamas. (A copy of that ruling is attached.)

In HRL 088635, after examining various lexicographic sources, it is stated:

In view of the numerous lexicon definitions that state pajamas consist of a two-piece set of garments which provide upper and lower body coverage, we find no support for the proposition that the common meaning of that term encompasses one part of a pajama set. In fact, it is questionable whether there can be pajama "bottoms" in the absence of pajama "tops." In such an event, it appears that what actually exists are sleep bottoms rather than pajama bottoms. Accordingly, pajama bottoms imported without their matching tops are not classifiable as pajamas.

The sleep pants at issue herein have the appearance of pajama bottoms and are intended to be sold singly to men as a pajama. In light of HRL 088635, they are not classifiable as pajamas.


The garments at issue are classifiable under the provision for garments similar to nightshirts and pajamas, in subheading 6207.91.3010, HTSUSA, textile category 351, dutiable at 6.5 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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