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HQ 089306

July 15, 1991

CLA-2 CO:R:C:T 089306 HP


TARIFF NO.: 6207.91.3010

Mr. Khem Lall
R.H. Macy Corporate Buying
Eleven Penn Plaza
New York, NY 10001-2006

RE: Sleep bottoms imported without matching tops are classified as other sleepwear, not as pajamas. Sets.

Dear Mr. Lall:

This is in reply to your letter of April 19, 1991, concerning the tariff classification of men's sleep bottoms, produced in Taiwan, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The merchandise at issue consists of two samples of men's sleep bottoms. Both are made of woven cotton flannel fabric. Style # 33191 is a pair of men's pants with a fully elasticized waistband and a fly front opening with a one button closure. Style 32791 is a pair of men's shorts with a fully elasticized waistband and a fly front opening with a one button closure.


Whether the instant garments are classifiable as pajamas or other sleepwear under the HTSUSA?


Heading 6207, HTSUSA, provides for, inter alia, men's or boys woven nightshirts, pajamas and similar articles. Within this heading, there is a specific provision for pajamas and a residual provision for similar articles. In HRL 088365 of May 24, 1991, we stated that:

[W]e find no support for the proposition that the common meaning of [the] term [pajamas] 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 instant garments are similar to the sleep bottom of HRL 088365, and are therefore classifiable under heading 6207, HTSUSA, as a similar article.


As a result of the foregoing, the instant merchandise is classified under subheading 6207.91.3010, HTSUSA, textile category 351, as men's or boys' singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, other, of cotton, other, sleepwear. The applicable rate of duty is 6.5 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 negotiations 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 status of any import restraints or requirements.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


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