HQ 089367: Modification of HRL 088101 Concerning the Classification of Men's Sleep Bottoms--Are They Considered Pajamas?

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 089367

                         July 31, 1991

CLA-2  CO:R:C:T  089367 PR

CATEGORY:  Classification

TARIFF NO.:  6207.91.3010

Ms. Christine Berghofer
Customs Manager
Associated Merchandising Corporation
50 Terminal Road
Secaucus, New Jersey  07094

RE:  Modification of HRL 088101 Concerning the Classification
     of Men's Sleep Bottoms--Are They Considered Pajamas?

Dear Ms. Berghofer:

     In our ruling of February 26, 1991, HRL 088101, you were
informed that men's sleepwear bottoms (pajama pants) were
classifiable under a tariff provision for pajamas.  We have had
occasion to review that ruling and have found that it is legally
incorrect.

     The decision in HRL 088101 was predicated on a report from
one of our commodity specialists which stated:

        We believe that the common and commercial meaning of
     pajamas encompasses many styles of both one and two
     piece sleepwear garments.  ESSENTIAL TERMS OF FASHION:
     A COLLECTION OF DEFINITIONS  published by Fairchild
     defines pajamas as a "one or two-piece item of apparel
     originally designed for sleeping..."  The examples
     include various one piece sleepers (bunny suit, Dr.
     Denton Sleepers, jumpsuit p., knitted knickers,
     rompers), pajama sets, sleep shorts (men's pull-on
     shorts, sometimes with two piped pickets, worn for
     sleeping), and teddy, in addition to various two piece
     styles.

     It appears that the exemplars of one piece pajamas are, for
the most part, garments that provide a great deal more body
coverage than a normal pair of pajama bottoms or tops.  In
opposition to the above quoted paragraph are the following
definitions of "pajamas."

     1.  The American Heritage Dictionary, Second College
     Edition, at page 893, "A loose- fitting garment
     consisting of trousers and a jacket, worn for sleeping
     or lounging."
     2.  The Random House College Dictionary, 1968, at page
     956, "night clothes consisting of loose-fitting
     trousers and jacket."

     3.  Webster's II, New Riverside University Dictionary,
     1984, at page 845, "A loose-fitting garment having of
     (sic) trousers and a jacket, worn for sleeping or
     lounging."

     4.  Thorndike Barnhart Comprehensive Desk Dictionary,
     1967, at page 563, "garments to sleep in, etc.,
     consisting of a coat and loose trousers fastened at the
     waist."

     5.  The Fashion Dictionary, Mary Brooks Picken,
     published by Funk & Wagnalls, 1973, at page 264, "Suit
     consisting of coat or blouse and trousers.

     6.  The Modern Textile and Apparel Dictionary, George
     E. Linton, published by the Textile Book Service, 1973,
     at page 409, "Coat or blouse and trousers."

     In addition, The Guidelines for the Reporting of Imported
Products in Various Textile and Apparel Categories, CIE 13/88,
published by Customs in the December 28,1988, Federal Register,
at pages 52563-52570, seem to have broadened the above
definitions to some extent.

        Pajamas are worn by both sexes and all ages.  They
     consist of an upper part, pullover or coat style, with
     long, short, or no sleeves and a lower part, short,
     intermediate, or long trouser-like garments or of any
     style panties.  * * * Pajamas are sleepwear.  Garments
     called "sleepers" (sometimes called Dr. Denton's), one
     or two-piece knit sleeping garments for girls, sizes 2-
     4 and boys 2-7, buttoning in front or back and with
     drop seats in the one-piece style, are in this
     category.  (at page 52569)

     It appears from the Guidelines that while Customs may
recognize the existence of one-piece pajamas, such garments are
ones that provide full or almost full body coverage.  In view of
the numerous lexicon definitions that state pajamas consist of a
two-piece set of garments which provide upper and lower body
coverage, we find no support for the proposition that the common
meaning of that term 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 two pairs of pajama bottoms which were the subject of
HRL 088101, each of which is in chief weight of cotton, are
classifiable under the provision for garments similar to
nightshirts and pajamas, in subheading 6207.91.3010, HTSUSA, with
duty, as a product of Hong Kong, at the rate of 6.5 percent ad
valorem.  The textile and apparel category applicable to this
merchandise is 351.

     In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying HRL
088101 to reflect the above classification effective with the
date of this letter.  However, if, after your review, you
disagree with the legal basis for our decision, we invite you to
submit any arguments you may 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 notice is a modification of HRL 088101 pursuant to
Section 177.9(d)(1) (19 CFR 177.9(d)(1)).  It is not retroactive.
However, HRL 088101 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 088101 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.


                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division