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HQ 958723

April 22, 1996

CLA-2 RR:TC:TE 958723 CAB


TARIFF NO.: 6207.91.3010

Doris Acosta
Warnaco, Inc.
90 Park Avenue, 12th Fl.
New York, NY 10016

RE: Revocation of HRL 957237, dated February 6, 1995; Sleepwear vs. Outerwear

Dear Ms. Acosta:

This is in reference to Headquarters Ruling Letter (HRL) 957237 issued to you by Customs Headquarters on February 6, 1995. Customs has reexamined the decision and determined that the decision was in error. HRL 957237 classified the merchandise in subheading 6203.42.4015 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Customs believes HRL 957237 should be revoked to reflect the correct tariff classification in subheading 6207.91.3010, HTSUSA. Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization), of the North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of HRL 957237 was published on March 13, 1996, in the Customs Bulletin, Volume 30, Numbers 10/11.


The articles at issue, Style U7130 and Style U7131, are men's woven brushed cotton pants. They have an elasticized turned-over waistband with a functional drawstring, a one-button closure at the waist, a placketed fly opening with a two-button closure, two inserted side seam pockets, a rear pocket with a one-button closure and hemmed leg bottoms. The words "Calvin Klein" are printed on the exterior surface of the waistband at recurrent intervals.


Whether the subject garment is classifiable as sleepwear under Heading 6207, HTSUSA, or as outerwear under Heading 6203, HTSUSA?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's taken in order.

In determining the classification of garments submitted to be sleepwear, Customs usually considers the factors discussed in two court cases that dealt with sleepwear. In Mast Industries, Inc. v. United States, 9 CIT 549, 552 (1985), aff'd 786 F.2d 144 (CAFC, April 1, 1986), the Court of International Trade considered the classification of a garment claimed to be sleepwear. The court cited several lexicographic sources, among them Webster's Third New International Dictionary which defined "nightclothes" as "garments to be worn to bed." In Mast, the court determined that the garment at issue therein was designed, manufactured, and used as nightwear and therefore was classifiable as nightwear. Similarly, in St. Eve International, Inc. v. United States, 11 CIT 224 (1987), the court ruled the garments at issue therein were manufactured, marketed and advertised as nightwear and were chiefly used as nightwear.

Initially, when these articles were classified in HRL 957237, no evidence was submitted on the importer's behalf substantiating how these garments were marketed and used. In an effort to determine how this class of garments was treated in the trade, a Customs National Import Specialist surveyed several department stores and concluded that garments substantially identical to Styles U7130 and U7131 were intended and sold as loungewear. However, with this request for reconsideration of HRL 957237, evidence has been presented to Customs in support of your claim that these garments are sleepwear and should be classified as sleepwear under Heading 6207, HTSUSA. You emphasize that these garments will be purchased by major department stores in their underwear/sleepwear sections. You state that the garments are designed for wear to bed due to the lightweight flannel fabric and the loose, roomy construction. You state that a Calvin Klein Underwear marketing description used for soliciting customers for these garments describes them as "flannel pajamas". You have submitted pictures depicting the subject merchandise in the underwear/sleepwear department in several different retail stores. You have also submitted purchase orders which identify the subject garments as articles belonging to the sleepwear/underwear departments of the manufacturer.

As stated in Mast, "most consumers tend to purchase and use a garment in the manner in which it is marketed." You maintain that these garments are marketed as sleepwear and have submitted documents supporting this claim. Although the garments possess features not generally associated with men's sleepwear bottoms, such as the side-seam pockets and the rear pocket with button closure, they also possess features such as the overall styling of the garment and the fabric construction which are associated with sleepwear. When viewing these characteristics with the additional information provided regarding the marketing, Customs agrees that these garments will be principally used as sleepwear and are classifiable under Heading 6207, HTSUSA.


Based on the foregoing, Styles U7130 and U7131 are properly classified in subheading 6207.91.3010, HTSUSA, which provides for men's sleepwear garments similar to pajamas and nightshirts. The applicable rate of duty is 6.4 percent ad valorem and the textile restraint category is 351.

HRL 957237 is hereby revoked.

In accordance with section 625, this ruling will become effective 60 days from its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR

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.

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
Tariff Classification

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