Tariff classification of pajamas and handkerchief

HQ 083506 April 3 1989 CLA2 CO:R:C:G 083506 SM CATEGORY: Classification TARIFF NO.: 6208.22.0000 Andrew P. Vance, Esq. Barnes, Richardson & Colburn 475 Park Avenue South New York, NY 10016 RE: Tariff classification of pajamas and handkerchief Dear Mr. Vance: Your letter of December 28, 1988, on behalf of Val Mode Lingerie, Inc., addressed to our New York office, requesting a tariff classification ruling for women's pajamas and a handkerchief from China, has been referred to this office for reply. FACTS: A sample was submitted. The first paragraph of your letter refers to "sleep robes" and gives two style numbers. The rest of the letter refers only to pajamas and a handkerchief and gives no style numbers. This ruling letter concerns only the submitted sample. It consists of three pieces, all of 100 percent woven polyester. The top is waist length, with short sleeves; thin, covered shoulder pads; a single patch pocket on the left side; a deep V neckline with two buttons at the waist; and a twoinch slit at the lower edge on either side. A teninchsquare handkerchief in a contrasting color is pinned to the pocket. The pajama bottoms are styled like pullon shorts, with side seams slit to the waist. We assume that the pajamas and handkerchief are always imported and sold together. You believe that the pajamas and handkerchief are classified as a set under subheading 6208.22.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), a provision for women's pajamas of manmade fibers. ISSUE: Are the pajamas and handkerchief classifiable together?  2 LAW AND ANALYSIS: Classification under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes, and then, if necessary, in accordance with the remaining GRI's. Section XI, HTSUSA, provides for textiles generally. Note 13 of Section XI provides that "[u]nless the context requires otherwise, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale." The "context requires otherwise" in the case of pajamas, which are specifically provided for under heading 6208, HTSUSA, allowing classification of two garments together. Pajamas are sleepwear. Textile Category Guidelines, C.I.E. 13/88. The submitted sample is stated to be sleepwear, and the revealing cut of the garments makes it unlikely that they would be used for any other purpose. We agree that they are classifiable as pajamas. Handkerchiefs, square or approximately square, of which no side exceeds 60 centimeters, are provided for under heading 6213, HTSUSA. Note 7, Chapter 62, HTSUSA. The Explanatory Notes, the official interpretation of the HTSUSA at the international level, for heading 6213, indicate that it is intended to include not only ordinary handkerchiefs, but also those worn as ornaments, such as the submitted sample. Handkerchiefs are considered accessories rather than garments, and so are not required to be classified separately by Note 13 of Section XI. Since no single heading provides for both the pajamas and the handkerchief, classification cannot be determined under GRI 1. GRI 3 provides generally for the classification of goods that appear classifiable under more than one heading. GRI 3(b) provides for the treatment of such goods if put up in sets for retail sale, i.e., goods consisting of at least two different articles prima facie classifiable under different headings, put up together to meet a particular need and in a manner suitable for sale directly to users without repacking. GRI 3(b) provides further that goods put up in retail sets are to be classified as if they consisted of the component that gives them their essential character. The factor determining essential character will vary according to the merchandise; it may be the nature of a component, its bulk, quantity, weight, or value, or role in relation to the use of the goods.  -3- The submitted sample meets the requirements for sets. It consists of two components classifiable under different headings. They are of matching fabric in complementary colors with the handkerchief sized to fit the pocket of the pajama top and provide decoration for it. We assume that they are imported in a manner suitable for sale directly to consumers without repacking. The essential character of the set is provided by the pajamas. The handkerchief is merely an accessory accenting the pajama top and would not be the main reason for the existence of the set or the primary motivating factor govern ing the purchase of the two articles. The pajamas and handkerchief are therefore classified under the provision for the pajamas. HOLDING: The pajamas and handkerchief are classified under subheading 6208.22.0000, HTSUSA. The textile category for the pajamas is 651. The textile category for the handkerchief, from subheading 6213.90.1000, HTSUSA, is 630. Because of the changeable nature of the statistical annotation, i.e., the ninth and tenth digits of the tariff number, and of the textile restraint categories, you should contact your local Customs office before importing this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division