Classification of boys' woven cotton flannel trousers;heading 6203, HTSUSA; outerwear.
Active· CBP ruling HQ 959188· Issued 1996-07-03
Ruling text
HQ 959188
July 3, 1996
CLA-2 RR:TC:TE 959188 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; outerwear.
Dear Mr. Kobrin:
This is in response to your inquiry of March 25, 1996, in
which you request a binding classification ruling for a pair of
boys' woven cotton flannel trousers. You have submitted a
sample for Customs' examination, referenced style number D-1.
FACTS:
Style D-1 is a pair of woven cotton flannel trousers sized
for boys ages 8-20. The garment features a covered waistband,
side seam pockets, rib knit cuffs at the leg bottoms and a
functional drawstring. Style D-1 does not possess a fly opening.
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. A tag
is affixed to the garment's inner waistband which reads: "Not
Intended For Sleepwear."
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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.
The determinative issue is whether Style D-1 is 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 garment, 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). Style D-1 is
manufactured from woven flannel, a fabric commonly, but
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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, Style D-1 does not possess a fly
opening. As most sleepwear trousers will possess this feature,
we find the absence of a fly opening on this garment, combined
with the presence of pockets and a covered waistband, indicative
of this garments' status as an outerwear trouser.
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."
We note, however, that a label is sewn to the inside of this
garment's 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 garment's
physical characteristics.
As stated supra, we find the overall styling of the subject
garment, particularly the omission of a fly opening, to be
persuasive evidence of Style D-1's status as an outerwear
trouser.
HOLDING:
Style D-1 is 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.
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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 959188, retrieved 2026-10-12T05:31:15Z, republished verbatim. This digest is informational; only CBP issues binding rulings.