[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Notices]
[Pages 43183-43184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20530]
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DEPARTMENT OF THE TREASURY
Customs Service
Tariff Classification of Sleepwear Separates
AGENCY: Customs Service, Treasury.
ACTION: Notice of proposed change of inconsistent tariff classification
rulings of sleepwear separates.
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SUMMARY: This notice advises the public that Customs proposes to modify
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 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 is hereby being given via the Federal Register 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. Before modification of these rulings, consideration will be
given to any written comments timely submitted in response to
publication of this notice.
DATES: Comments must be received on or before September 18, 1995.
ADDRESSES: Written comments are to be addressed to U.S. Customs
Service, Office of Regulations and Rulings, Attention: Commercial
Rulings Division, 1301 Constitution Avenue, NW., (Franklin Court),
Washington, DC 20229. Comments submitted may be inspected at the
Commercial Rulings Division, Office of Regulations and Rulings, located
at Franklin Court, 1099 14th Street, NW., Suite 4000, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Cynthia Reese, Textile Classification
Branch (202-482-7050).
SUPPLEMENTARY INFORMATION:
Background
This notice advises the public that Customs proposes to modify
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. It has come to Customs attention 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 is hereby being given
via the Federal Register of our intent to modify these rulings to
reflect classification of the garments, not as pajamas, but as similar
articles. Before the change becomes effective, consideration will be
given to any written comments timely submitted in response to
publication of this 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 intends to modify to conform with HRL 956202. The error in
the rulings was not
[[Page 43184]]
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 ruling 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 versus 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 versus 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. versus 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
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 intends to modify 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.
Claims for detrimental reliance under Sec. 177.9, Customs
Regulations (19 CFR 177.9), will not be entertained for actions
occurring on or after the date of publication of this notice.
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.
Comments
Before modifying these inconsistent rulings, consideration will be
given to any written comments timely submitted to Customs. Comments
submitted will be available for public inspection in accordance with
the Freedom of Information Act (5 U.S.C. 552), Sec. 1.4, Treasury
Department Regulations (31 CFR 1.4), and Sec. 103.11(b), Customs
Regulations (19 CFR 103.11(b)), on regular business days between the
hours of 9:00 and 4:30 p.m. at the Office of Regulations and Rulings,
Franklin Court, 1099 14th Street, NW., Suite 4000, Washington, DC.
Approved: August 14, 1995
George J. Weise,
Commissioner of Customs.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-20530 Filed 8-17-95; 8:45 am]
BILLING CODE 4820-02-P
