Classification of boys' woven cotton flannel trousers;heading 6203, HTSUSA; loungewear.
Active· CBP ruling HQ 959133· Issued 1996-07-03
Ruling text
HQ 959133
July 3, 1996
CLA-2 RR:TC:TE 959133 SK
CATEGORY: Classification
TARIFF NO.'s: 6203.42.4045
Sherman Kobrin
Knothe Corp.
1370 Broadway, Suite 1101
New York, N.Y. 10018
RE: Classification of boys' woven cotton flannel trousers;
heading 6203, HTSUSA; loungewear.
Dear Mr. Kobrin:
This is in response to your inquiry of January 31, 1996, in
which you request a binding classification ruling for five styles
of boys' woven cotton flannel trousers. This office is in
receipt of one representative sample, referenced style number M-9651LP.
FACTS:
Five styles of boys' woven cotton flannel trousers are at
issue, identified as style numbers M-9651LP, M-9659LP, M-9660LP,
M-9661LP and M-9662LP. The samples will be imported in sizes S,
M, L and XL, sized for boys ages 8-20. No information was
submitted as to whether the subject garments are flame retardant.
We note that boys' sleepwear up to size 14 must meet the
requirements of the Flammable Fabrics Act administered by the
Consumer Protection Safety Commission (CPSC). Untreated cotton
flannel will not pass CPSC requirements. All five samples have a
tag on the inner waistband with the inscription: "Not Intended
For Sleepwear."
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Style M-9651LP features a covered waistband, side seam
pockets, hemmed leg bottoms and a functional drawstring.
Style M-9659LP features a covered waistband and hemmed leg
bottoms.
Style M-9660LP features a covered waistband, hemmed leg
bottoms and functional drawstring.
Style M-9661LP features a tape waistband and hemmed leg
bottoms.
Style M-9662LP features a covered waistband, side seam
pockets and hemmed leg bottoms.
None of the five styles at issue possesses a fly opening.
ISSUE:
Whether the subject merchandise is classifiable as boys'
cotton sleepwear garments similar to pajamas under subheading
6207.91.3010, HTSUSA, or as boys' cotton outerwear trousers of
subheading 6203.42.4045, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's). GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes. Merchandise
that cannot be classified in accordance with GRI 1 is to be
classified in accordance with subsequent GRI's, applied in
sequential order.
Heading 6207, HTSUSA, provides for, inter alia, men's
nightshirts, pajamas and similar articles. Customs has
consistently ruled that pajamas are generally two-piece garments
worn for sleeping. One-piece garments used for sleeping are not
classifiable as pajamas; instead they fall into a residual
provision within heading 6207, HTSUSA, for similar articles.
Garments classifiable in this residual provision include sleep
shorts and sleep pants.
Heading 6203, HTSUSA, provides for, inter alia, boys'
outerwear trousers.
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The determinative issue is whether the subject garments are
classifiable as sleepwear or as outerwear. It is both
practicable and commercially acceptable for woven cotton flannel
trousers, designed in a manner similar to the instant garments,
to be marketed, sold and used by consumers as either sleepwear or
outerwear. The issue of whether a particular woven flannel
trouser is sleepwear or outerwear depends, in large part, on
whether the article's design renders it exclusively suitable for
use as one or the other and the manner in which the garment is
marketed.
In situations such as these, Customs will first examine the
physical characteristics of the subject article. As this office
has noted in prior rulings, "the merchandise itself may be strong
evidence of use." See Headquarters Ruling Letter (HRL) 957809,
dated June 21, 1995, citing Mast Industries, Inc. v. United
States, 9 CIT 549, at 552, citing United States v. Bruce Duncan
Co., 50 CCPA 43, 46, C.A.D. 817 (1963). The garments at issue
are manufactured from woven flannel, a fabric commonly, but
certainly not exclusively, associated with sleepwear apparel. As
Customs stated in HRL 957810, dated June 21, 1995, "[F]lannel is
not exclusively used for sleepwear and its popularity for use in
other garments appears to be increasing." In that ruling, this
office also noted that certain features, such as covered
waistbands and side seam pockets are features generally
associated with garments intended to be worn in public as opposed
to sleep garments. Additionally, the absence of a fly is
generally indicative of a garment's status as outerwear. In the
instant case, none of the five styles at issue possess fly
openings. As most sleepwear trousers will possess this feature,
we find the absence of fly openings on all of the subject
garments, combined with the presence of pockets and/or covered
waistbands, as indicative of these garments' status as outerwear
trousers.
With regard to the issue of how this merchandise is
marketed, no explicit marketing evidence was presented to this
office. Your company's letterhead describes Knothe Corp. as a
company making "finely tailored nitewear since 1886."
Yet, in each of the five styles at issue, a label is sewn to the
inside of the waistband which reads, "Not Intended for
Sleepwear." Neither of these facts is determinative and, in
fact, they are seemingly contradictory. Therefore, in this
instance, Customs will base its classification decision on the
subject garments' physical characteristics.
As stated supra, we find the overall styling of the subject
garments, particularly the omission of a fly opening on all five
garments, to be persuasive evidence of these garments' status as
outerwear trousers.
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HOLDING:
Style numbers M-9651LP, M-9659LP, M-9660LP, M-9661LP and M-9662LP are classifiable under subheading 6203.42.4045, HTSUSA,
which provides for, in pertinent part, boys' woven cotton
trousers. The applicable rate of duty is 17.5 percent ad valorem
and the textile quota category is 347.
The designated textile and apparel category may be
subdivided into parts. If so, 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 negotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an issuance
of the U.S. Customs Service, which is updated weekly and is
available 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 importing the merchandise to determine
the current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division
Source: rulings.cbp.gov — ruling 959133, retrieved 2026-10-12T05:31:12Z, republished verbatim. This digest is informational; only CBP issues binding rulings.