[Federal Register Volume 61, Number 1 (Tuesday, January 2, 1996)]
[Notices]
[Pages 77-79]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31499]



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DEPARTMENT OF THE TREASURY
[T.D. 96-5]


Tariff Classification of Sleepwear Separates

AGENCY: Customs Service, Treasury.

ACTION: Final determination regarding inconsistent tariff 
classification rulings of sleepwear separates.

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SUMMARY: This notice advises the public that Customs is modifying 
inconsistent rulings on garments known as pajama or sleepwear separates 
which do not conform with Customs position on the proper classification 
of such garments. Customs Headquarters has issued rulings that women's 
woven cotton pajama or sleepwear separates, when imported without a 
matching component (thus precluding classification as pajamas), are 
classified as similar articles and remain within heading 6208 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Heading 6208, 
HTSUS, provides for 

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women's or girls' singlets and other undershirts, slips, petticoats, 
briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing 
gowns and similar articles. It has come to Customs attention that prior 
to issuance of these rulings a limited number of rulings were issued on 
similar garments referred to as pajama bottoms, sleep bottoms or sleep 
shorts. In these earlier rulings, the garments ruled upon were 
classified in the provision for women's or girls' pajamas. This was an 
error. Due to the likelihood that Customs Headquarters may not be aware 
of all rulings issued on such garments, notice was given on August 18, 
1995 in the Federal Register (60 FR 43183) of our intent to modify 
these inconsistent rulings to conform with our view with respect to 
classification of the garments, not as pajamas, but as similar 
articles. No comments were received in response to our notice of intent 
to modify the inconsistent rulings.

EFFECTIVE DATE: Merchandise entered or withdrawn from warehouse for 
consumption on or after March 4, 1996.

FOR FURTHER INFORMATION CONTACT: Cynthia Reese, Textile Classification 
Branch (202-482-7050).

SUPPLEMENTARY INFORMATION:

Background

    This notice advises the public that Customs is modifying 
inconsistent rulings on garments known as pajama or sleepwear separates 
which do not conform with Customs current views on the proper 
classification of such garments. Customs Headquarters issued a ruling 
on the classification of certain women's sleepwear separates, HRL 
956202 of September 29, 1994. In that ruling, Customs ruled that 
women's woven cotton pajama or sleepwear separates, when imported 
without a matching component (thus precluding classification as 
pajamas), are classified as similar articles and remain within heading 
6208 of the Harmonized Tariff Schedule of the United States (HTSUS). 
Heading 6208, HTSUS, provides for women's or girls' singlets and other 
undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, 
negligees, bathrobes, dressing gowns and similar articles. As similar 
articles, the pajama/sleepwear separates were classified in subheading 
6208.91.3010, Harmonized Tariff Schedule of the United States Annotated 
(HTSUSA).
    Rulings issued since HRL 956202 have followed the classification 
arguments stated therein. Customs became aware that prior to issuance 
of this ruling a limited number of rulings were issued on similar 
garments referred to as pajama bottoms, sleep bottoms or sleep shorts. 
In these earlier rulings, the garments ruled upon were classified in 
the provision for women's or girls' pajamas. This was an error. Due to 
the likelihood that Customs Headquarters may not be aware of all 
rulings issued on such garments, notice was given on August 18, 1995 in 
the Federal Register (60 FR 43183) of our intent to modify these 
rulings to reflect classification of the garments, not as pajamas, but 
as similar articles. No comments were received in response to the 
notice.
    In Headquarters Ruling Letter 088192 issued on February 20, 1991, 
and New York Ruling Letter 862500 of April 29, 1991, a pair of ladies' 
boxer-style shorts, style 53035, were classified in subheading 
6208.22.0000, HTSUSA, which provides for women's or girls' nightdresses 
and pajamas of man-made fibers. Style 53035 was constructed of a woven 
polyester satiny fabric. In NYRL 885168 of May 17, 1993, Customs 
classified a pair of boxer-type shorts of 100 percent woven polyester 
charmeuse as sleepwear in subheading 6208.22.0000, HTSUSA. In DD 889242 
of August 27, 1993, Customs classified a women's woven cotton pajama 
pant in subheading 6208.21.0020, HTSUSA, and, in NYRL 890570 of October 
20, 1993, (amended by supplemental letter of October 28, 1993) Customs 
classified five styles of women's woven boxer-styled sleep shorts (all 
sold with a coordinating upper body garment) in subheadings 
6208.21.0010, HTSUSA and 6208.21.0020, HTSUSA. Customs Headquarters 
believes the conclusions in these rulings that the garments at issue 
therein would be principally used as sleepwear and should be classified 
as such are correct. These are rulings which Customs is able to 
identify and which are hereby modified to conform with HRL 956202. The 
error in the rulings was not the conclusion that the garments were 
sleepwear, but the classification of the garments at the subheading 
level in the provision for pajamas. Any other Customs rulings on 
virtually identical merchandise in which the goods were classified in 
the provision for pajamas are also subject to this notice.
    In order to be classified in the provision for nightdresses and 
pajamas, a garment must be one of the named articles. In Headquarters 
Ruling Letter 088635 of May 24, 1991, the meaning of the term 
``pajamas'' was examined and it was determined that the common meaning 
of the term required top and bottom garments and that ``pajama 
bottoms'' or sleep bottoms without pajama tops are not classifiable as 
pajamas.
    It follows that the women's sleepwear bottoms which were the 
subject of the previously cited rulings cannot be classified in the 
provision for nightdresses and pajamas. Although not classifiable as 
pajamas, these garments may be classified as ``other similar articles'' 
in the ``other'' provision of heading 6208, HTSUS.
    The rationale for classification of the garments at issue in 
heading 6208, HTSUS, as similar to nightdresses and pajamas lies in the 
rule of statutory construction known as ejusdem generis. In Van Dale 
Industries v. United States, Slip Op. 94-54, (April 1, 1994), in 
discussing ejusdem generis, the Court of International Trade stated:

    One rule of statutory construction is ejusdem generis, which 
means ``of the same kind, class, or nature.'' Black's Law Dictionary 
464 (5th ed. 1979). This rule applies ``whenever a doubt arises as 
to whether a given article not specifically named in the statute is 
to be placed in a class of which some of the individual subjects are 
named.'' [United States v. Damrak Trading Co., Inc., 43 CCPA 77, 79, 
C.A.D. 611 (1956).] Under ejusdem generis, where particular words of 
description are followed by general terms, the latter will be 
regarded as referring to things of a like class with those 
particularly described. Id. In other words, ejusdem generis requires 
that merchandise possess the particular characteristics or purposes 
that unite the specified exemplars in order to be classified under 
the general terms. See, Nissho-Iwasi Am. Corp. v. United States, 10 
CIT 154, 157, 641 F. Supp. 808, 810 (1986) (citations omitted).

    Heading 6208, HTSUS, specifically provides for women's and girls' 
singlets and other undershirts, slips, petticoats, briefs, panties, 
nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar 
articles. To apply ejusdem generis, Customs must ascertain the shared 
characteristics or purposes of the named garments in heading 6208, 
HTSUS.
    All of the articles named in heading 6208, HTSUS, may be 
characterized as ``intimate apparel''. They are garments which are 
recognized as either underwear (the singlets and other undershirts, 
slips, petticoats, briefs and panties), sleepwear (the nightdresses, 
pajamas and negligees), or garments normally worn indoors in the 
presence of family or close friends (the negligees, bathrobes and 
dressing gowns). The explanatory note for heading 6208 describes the 
scope of the heading as including women's or girls' underclothing and, 
after naming the last five exemplars, ``garments usually worn 
indoors''. While the explanatory notes contained in the Harmonized 

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Commodity Description and Coding System Explanatory Notes are not 
legally binding, they do represent the international interpretation of 
the Harmonized System and provide guidance in determining the scope of 
the various headings.
    As Customs believes the garments in the previously named rulings 
were properly classified in heading 6208, HTSUS, based on the 
examination of the garments by Customs which determined that the 
garments were sleepwear, it is only the subheadings in which the 
garments were classified that is viewed as an error. Clearly, these 
garments were of a type which may be characterized as ``intimate 
apparel'', i.e., garments which are either worn under other apparel 
(undergarments) or, garments which are not worn outside the home and 
when worn in the home would be worn only in the presence of family or 
intimate friends. Therefore, Customs is modifying these decisions to 
reflect the proper classification of the garments in subheading 
6208.91.3010, HTSUSA, if of cotton or in subheading 6208.92.0030, 
HTSUSA, if of man-made fibers. These subheadings provide for, inter 
alia, women's other garments similar to nightdresses, pajamas, 
negligees, bathrobes, and dressing gowns.

Authority

    This notice is published pursuant to 5 U.S.C. 552 (a)(1)(D). 
Publication of this notice in the Federal Register pursuant to the 
foregoing provision provides a higher degree of notice than that 
required under section 625 of the Tariff Act of 1930 (19 U.S.C. 1625), 
as amended by section 623 of Title VI (Customs Modernization) of the 
North American Free Trade Agreement Implementation Act (Pub. L. 103-
182, 107 Stat. 2057, (hereinafter section 625). Accordingly, it is 
Customs position that publication pursuant to section 625 is 
unnecessary. Customs is using Federal Register publication 1) because 
all rulings to which this notice relates may not have been identified, 
2) in order to ensure a uniform and consistent position with respect to 
classification of this merchandise at an early date, 3) to assist 
Customs in its responsibility to administer informed compliance with 
respect to the trade community, and 4) as an aid to the importing 
community in exercising reasonable care with respect to importations of 
merchandise subject to this notice.
George J. Weise,
Commissioner of Customs.
    Approved: November 29, 1995.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-31499 Filed 12-29-95; 8:45 am]
BILLING CODE 4820-02-P