HQ 089306: Sleep bottoms imported without matching tops are classifiedas other sleepwear, not as pajamas. Sets.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 089306

                          July 15, 1991




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

CATEGORY:  Classification

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).

FACTS:

     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.

ISSUE:

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

LAW AND ANALYSIS:

     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.

HOLDING:

     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.


                           Sincerely,





                      John Durant, Director
                   Commercial Rulings Division