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HQ 089362

July 17, 1991

CLA-2 CO:R:C:T 089362 PR


TARIFF NO.: 6207.92.4010

Ms. Florence A. Jurich
A.J. Jurich & Associates, Ltd.
510 King Street
Alexandria, Virginia 22314

RE: Classification of Men's Sleep Shorts

Dear Ms. Jurich:

This is in reply to your letter of January 22, 1991, on behalf of both Esquel Enterprises Ltd. and J.C. Penneys, concerning the tariff classification of certain men's sleep shorts. Our ruling on the matter follows.


The submitted sample is a pair of silky light-weight boxer- style men's woven polyester shorts. It has a waistband, the rear portion of which is elasticized, which buttons at the front, and an unsecured front opening.


The issue presented is whether half of a set of pajamas are classifiable as pajamas or as garments similar to pajamas.


Imported goods are classifiable according to the General Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule of the United States (HTSUSA). GRI 1 provides that for legal purposes, classification shall be determined according to the terms of the headings in the tariff and according to any pertinent section or chapter notes.

In this instance, the sample speaks eloquently for itself. It is clearly a pajama bottom or a garment that is made to resemble a pajama bottom.

In Customs Headquarters Ruling Letter (HRL) 088635, dated May 24, 1991, concerning a garment similar in all material respects, Customs 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.


In view of the above, men's sleep shorts are classifiable under the provision for sleepwear garments similar to nightshirts and pajamas, of man-made fibers, in subheading 6207.92.4010, HTSUSA, with duty, as a product of Sri Lanka, at the rate of 11.2 percent ad valorem. The textile and apparel category applicable to this merchandise is 651.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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.


John Durant, Director

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