Classification of boxer-style short of woven eyelet fabric; 6208, HTSUSA, v. 6204, HTSUSA; sleepwear v. shorts; loungewear
Active· CBP ruling HQ 956237· Issued 1994-07-14
Ruling text
HQ 956237
July 14, 1994
CLA-2 CO:R:C:T 956237 CMR
CATEGORY: Classification
TARIFF NO.: 6204.62.4055
Ms. Ludene Murphee
The GAP, Inc.
Two Harrison Street
San Francisco, CA 94105
RE: Classification of boxer-style short of woven eyelet fabric;
6208, HTSUSA, v. 6204, HTSUSA; sleepwear v. shorts;
loungewear
Dear Ms. Murphee:
This is in response to your request of January 21, 1994, for
a classification ruling on a pair of woven eyelet boxer-style
shorts, style #727172. The original submission included a sample
garment, specification sheets, and a brief description of the
garment and its intended use. Additional information was submitted
on June 28, 1994, and included samples of the matching brassiere
and panty with which the shorts will be merchandised and a 1994
Summer Concepts book which is sent to Banana Republic stores to aid
them in displaying and merchandising seasonal styles.
FACTS:
The boxer-style shorts at issue are constructed of 100 percent
cotton, woven, embroidered, eyelet fabric. The garment has a 3/4-
inch elasticized tubular waistband with a functional drawstring and
decorative lace trim on the leg openings. [This office has two
samples of this garment and the trim apparently varies somewhat as
each has a different decorative trim.]
According to your January 21st letter, the garment will be
displayed on hangers or folded on tables in the women's underwear
section of Banana Republic stores. It will be displayed with a
matching brassiere and panty that are domestically produced. The
shorts will be sized XS-L and will be produced in Hong Kong.
In your letter, you described the garment as a lounge/sleep
bottom and stated that it is intended for sleeping or lounging in
the privacy of one's home. -2-
ISSUE:
Is the woven eyelet boxer-style short at issue, style 727172,
classifiable as a garment of heading 6208, HTSUSA, which provides
for, among other things, nightdresses and pajamas and similar
articles; or, is it properly classifiable as shorts of heading
6204, HTSUSA?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes and, provided
such headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
In determining the classification of garments submitted to be
sleepwear, Customs considers the factors discussed in two
decisions of the Court of International Trade which are often cited
when discussing sleepwear. In Mast Industries, Inc. v. United
States, 9 CIT 549, 552 (1985), aff'd 786 F.2d 1144 (CAFC, April 1,
1986) the Court of International Trade dealt with the
classification of a garment claimed to be sleepwear. The court
cited several lexicographic sources, among them Webster's Third
New International Dictionary's which defined "nightclothes" as
"garments to be worn to bed." In Mast, the court determined that
the garment at issue therein was designed, manufactured, and used
as nightwear and therefore was classifiable as nightwear.
Similarly, in St. Eve International, Inc. v. United States, 11 CIT
224 (1987), the court ruled the garments at issue therein were
manufactured, marketed and advertised as nightwear and were chiefly
used as nightwear.
In contrast, the Court of International Trade disregarded
claims regarding marketing and advertising in Regaliti, Inc. v.
United States, Slip Op. 92-80, which dealt with the classification
of garments known as leggings which were classified as pants by
Customs and claimed by the importer to be classifiable as tights.
In upholding Customs classification of the goods as pants, the
court stated:
Plaintiff's fashion merchandising experts testified that
these items were "tights," and plaintiff advertises them as
"tights." * * * .
The court is not highly persuaded by plaintiffs invoices
or advertising calling the items "tights." To avoid pants
quota limitations plaintiff must refer to the items as
"tights."
-3-
Thus, while Customs will consider advertising, marketing,
merchandising and other factors, we recognize that these factors
may at times be misleading and that the most crucial factor in the
classification of a garment is the garment itself. As the court
pointed out in Mast, "the merchandise itself may be strong evidence
of use." Mast at 552, citing United States v. Bruce Duncan Co., 50
CCPA 43, 46, C.A.D. 817 (1963).
As already noted, the court in Mast at 552, noted that
nightwear are "garments to be worn to bed." In determining if a
garment is classifiable as a nightwear or sleepwear garment,
Customs must look to its principal use and whether the subject
garment is principally worn to bed. See, Additional U.S. Rule of
Interpretation 1(a)--classification controlled by use is principal
use of goods of that class or kind.
In your letters, you describe style 727172 as a lounge/sleep
bottom and state it is intended for sleeping or lounging in the
privacy of one's home. You believe the "sheer eyelet fabric makes
this garment inappropriate for wear in public." It is merchandised
with a matching brassiere and panty in the intimate section of the
Banana Republic stores.
The environment of sale may be a consideration in determining
the identity of a garment and thus its proper classification.
However, Customs has long recognized and acknowledged that intimate
apparel/sleepwear departments often sell a variety of merchandise,
including garments intended for use as outerwear. So, while a
factor to be considered, the department or area within a store in
which a garment is sold is not conclusive or determinative of the
garment's classification. See, HRL 955341 of May 12, 1994 and
rulings cited therein. The fact that style 727172 is sold in the
intimate apparel section of the store does not lead us to conclude
it is sleepwear.
In this case, the classification decision is based upon the
garment and the fabric with which it is made. The heavily
embroidered cotton eyelet fabric does not appear to be soft and
comfortable, factors generally associated with sleepwear. Instead,
it is somewhat rough to the touch, no doubt a result of the
extensive embroidery. The eyelet fabric is of a kind commonly
used in the fabrication of dresses and blouses. We are not
persuaded that it is too sheer or revealing for wear in public,
i.e., in the company of persons other than family or intimate
friends. As with dresses or blouses made of such fabric, all that
is required is that the wearer wear proper undergarments. With
that in mind, we note this garment is sold with a matching
undergarment, i.e., the matching panty.
-4-
You identified the garment as sleepwear/loungewear leading us
to conclude that it is intended to be a multi-purpose garment. We
are not persuaded, based upon the garment itself, that it is a
garment which will be principally used as sleepwear. Instead, we
accept your designation of the garment as loungewear and believe
that that is its principal use, i.e., wear in and around the home
and possibly outside the home. As a loungewear garment, style
727172 is classifiable as shorts of heading 6204, HTSUSA.
HOLDING:
Style 727172 is classifiable as women's cotton shorts in
subheading 6204.62.4055, HTSUSA, textile category 348, dutiable at
17.7 percent ad valorem.
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
Source: rulings.cbp.gov — ruling 956237, retrieved 2026-10-12T05:29:23Z, republished verbatim. This digest is informational; only CBP issues binding rulings.