&&As per the sample received, "Style A04-40505F" is a knitted pyjama pant for women. The garment has a 30" inseam, has no opening at the front and features a satin ribbon drawstring closure at the waist and elastic waistband. It is made of 62% polyester, 33% viscose and 5% spandex fabric and is marketed and sold as sleepwear.

&&The style and intended function of the article clearly indicates that it would not conventionally be worn for everyday wear and therefore does not fall within heading 61.04. There are no buttons, zippers, pockets, belt loops or pleats on the pants and the styling, fabric and characteristics of the good show features typically associated with sleepwear.&&&&The submitted product falls within the scope of heading 61.08 which covers inter alia, nightdresses, pyjamas, dressing gowns and similar articles. According to the information received this garment is sold on its own, although a matching sleep top can be purchased separately. The sleep pant constitutes an intrinsic component of pyjamas; therefore, it is classified under subheading 6108.32 as "nightdresses and pyjamas" that consist "of man-made fibres". This decision follows CITT AP 92-235, Majestic Industries (Canada) Ltd., which provides that woven sleep shorts and sleep pants be classified under heading 62.07, and not under heading 62.03.&&