Reconsideration of NYRL 837658 of March 16, 1989

HQ 084934 October 12, 1989 CLA-2 CO:R:C:G 084934 CMR 841744 CATEGORY: Classification TARIFF NO.: 6108.31.0010 Robert Stang, Esq. Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street New York, New York, 10017 RE: Reconsideration of NYRL 837658 of March 16, 1989 Dear Mr. Stang: This ruling is in response to your letter of May 26, 1989, on behalf of your client, Lane Bryant, requesting reconsideration of NYRL 837658. FACTS: In NYRL 837658, Customs ruled that style 0737, a women's top and shorts set, was classified as an ensemble. Documentation in the form of a purchase order, specification sheet, floor set, shippers' advice, etc., has been submitted to support your claim that style 0737 should be classified as a pajama set. Style 0737 consists of a 100 percent cotton knit top and a 100 percent cotton knit bottom. The pullover knit top features a crew neck, short sleeves, a front chest pocket with a crest, wide torso, and a straight hemmed bottom. The bottom is a pair of loose-fitting shorty shorts with a wide elastic waistband, a fly opening, and wide leg openings with straight hemmed bottoms. Style 0740 has also been submitted for consideration. It is identical to style 0737 except that 0737 has stripes whereas 0740 has polka dots. The merchandise will be imported from a number of countries including, but not limited to, Hong Kong and China. -2- ISSUE: Was style 0737 properly classified as an ensemble in NYRL 837658, or should it be classified as a pajamas set as claimed? Is style 0740 classifiable as a pajamas set? LAW AND ANALYSIS: Classification of merchandise is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Heading 6108, HTSUSA, provides for women's or girls' nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted. Since the samples at issue are marketed and sold as nightwear, they are classifiable in heading 6108, HTSUSA. HOLDING: The samples at issue, styles 0737 and 0740, are classifiable as women's pajamas in subheading 6108.31.0010, HTSUSA, textile category 351, dutiable at 9 percent ad valorem. NYRL 837658 of March 16, 1989, is hereby revoked in accordance with 19 CFR 177.9(d). The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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 6cc: Area Director, New York Seaport 1cc: CITA 1cc: Legal Reference Section 1cc: Phil Robins