HQ 089358: Men's sleep bottoms without matching tops not classifiableas pajamas; HRL 088635.

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 089358

                         August 12, 1991



CLA-2 CO:R:C:T 089358 CRS

CATEGORY:  Classification

TARIFF NO.:  6207.91.3010

Diane L. Weinberg, Esq.
Sandler, Travis & Rosenberg, P.A.
505 Park Avenue
New York, NY 10022-1106

RE:  Men's sleep bottoms without matching tops not classifiable
as pajamas; HRL 088635.

Dear Ms. Weinberg:

     This is in reply to your letter dated April 29, 1991, to our
New York office, on behalf of PGA Apparel Industries, concerning
the classification of sleep bottoms.  Samples were provided.

FACTS:

     The merchandise at issue consists of two pair of men's woven
sleep bottoms manufactured in and imported from the Dominican
Republic.  One is a pair of sleep shorts; the other a pair of
sleep pants.  The garments are made from 100 percent cotton
flannel and have neither pockets nor fly.

ISSUE:

     Whether the garments in question are classifiable as pajamas
or as other sleepwear.

LAW AND ANALYSIS:

     Heading 6207, HTSUSA, provides for, inter alia, men's or
boys' nightshirts, pajamas, bathrobes, dressing gowns and similar
articles.  Within this heading there is a subheading provision
for nightshirts and pajamas, and a residual provision for similar
articles.  Customs considers pajamas to be two piece garments.
In Headquarters Ruling Letter (HRL) 088635 dated May 24, 1991, we
stated in pertinent part:

     [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 bottoms of HRL
088635 and are therefore classifiable under the residual
provision of heading 6207.  See also, HRL 089357 dated July 11,
1991.

HOLDING:

     The garments in question are classifiable in subheading
6207.91.3010, HTSUSA, under the provision for men's or boys'
singlets...nightshirts, pajamas, bathrobes, dressing gowns and
similar articles; other; of cotton; other; sleepwear.  They are
dutiable at the rate of 6.5 percent ad valorem and are subject to
textile quota category 351.

     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.

                         Sincerely,





                         John Durant, Director
                         Commercial Rulings Division