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HQ 950966

January 27, 1992

CLA-2 CO:R:C:T 950966 SK


TARIFF NO.: 6207.91.3010

Sylvia Perez
M.G. Maher & Company
442 Canal Street
New Orleans, LA 70130

RE: Modification of Headquarters Ruling Letter 089247 (7/18/91); classification of a men's 100% cotton sleepshort; sleepwear bottom; 6207, HTSUSA

Dear Ms. Perez:

On July 18, 1991, this office issued you Headquarters Ruling Letter (HRL) 089247, classifying men's 100% woven cotton sleepshorts. Upon further review, that classification is deemed to be in error with regard to the statistical provision applicable to the goods in question, and is accordingly modified.


The articles at issue are two styles of men's 100% woven cotton sleepwear garments. Each garment features side slash pockets and fully elasticized waistbands with drawstrings. Style SO 1175 has long pants legs, and style SO 1174 is a pair of shorts. Neither style has a fly front opening.


What is the proper classification of the subject merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Effective July 1, 1991, the Committee for Statistical Annotation of Tariff Schedules added a new statistical provision to heading 6207, HTSUSA, which provides for men's or boys' singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles. The new breakout, subheading 6207.91.3010, HTSUSA, provides for "sleepwear" and attaches a 351 textile category. Prior to July 1, 1991, men's cotton sleepwear was classified under subheading 6207.91.3000, HTSUSA, which was designated as the "other" breakout and applied a 352 textile category to the goods classifiable under that provision.

After the new statistical provision had been added, and public notice of this change was issued on July 12, 1991, Headquarters Ruling Letter (HRL) 089247, dated July 18, 1991, failed to incorporate the new change and classified the subject merchandise under the "other" breakout in subheading 6207.91.3020, HTSUSA, under textile category 352. It is clear that the garments should have been classified in the new breakout created for cotton sleepwear. Accordingly, HRL 089247 is deemed to be in error and is modified to reflect the appropriate classification under subheading 6207.91.3010, HTSUSA.


The subject merchandise is classifiable under subheading 6207.91.3010, HTSUSA, which provides for, inter alia, men's or boys' nightshirts, pajamas, bathrobes, dressing gowns and similar articles: other: of cotton: other ... sleepwear, dutiable at a rate of 6.5% ad valorem. The applicable textile category is 351.

In order to ensure uniformity in Customs classification of this merchandise and eliminate uncertainty, pursuant to section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)), HRL 089247 is modified to reflect the above classification effective with the date of this letter. If, after your review, you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter. Any submission you wish to make should be received within 30 days of the date of this letter.

This modification is not retroactive. However, HRL 089247 will not be valid for importations of the subject merchandise arriving in the United States after the date of this notice. We recognize that pending transactions may be adversely affected (i.e., merchandise previously ordered and arriving in the United States subsequent to this modification will be classified
accordingly). If it can be shown that you relied on HRL 089247 to your detriment, you may apply to this office for relief. However, you should be aware that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

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.

The designated textile and quota 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 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 available for inspection at your local Customs office.


John Durant, Director

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