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NY J83814

May 20, 2003

CLA-2-39:RR:NC:SP:221 J83814


TARIFF NO.: 3923.90.0080

Mr. Joseph Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of plastic hangers.

Dear Mr. Hoffacker:

In your letter dated April 21, 2003, on behalf of Golden Touch Group, you requested a tariff classification ruling.

Samples of five plastic hangers were submitted with your letter. Styles KH1001 and SH210 are bottom hangers that incorporate a plastic clamp on each side to hold slacks or a skirt. The bar, top rod hook and plastic clamps are formed as a one piece molded construction. Each plastic clamp is held closed by a metal piece that slides over a depression in the middle of the clamp, thereby securing the garment in place. Styles A&E6010, KH6012 and KH2012 are bottom hangers that incorporate metal swivel top hooks for hanging over a garment rod. Styles A&E6010 and KH6012 incorporate pinch clips with metal grippers to secure shorts, pants or skirts. Style KH2012 incorporates plastic clamps with metal slides for securing garments. The molded plastic ridges of styles KH1001 and SH210 measure approximately 3/16 inch in thickness. The molded plastic ridges of the remaining styles measure between 5/16 and 3/8 inch in thickness. You have not indicated the country of origin of the hangers. The rate of duty provided below is applicable to shipments from countries with which the United States has Normal Trade Relations.

The applicable subheading for the hangers, styles KH1001, SH210, A&E6010, KH6012 and KH2012, will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics, other. The rate of duty will be 3 percent ad valorem.

You ask whether the hangers, when imported holding apparel, may be classified separately from the apparel. General Rule of Interpretation (GRI) 5(b) of the HTS provides that, subject to the provisions of GRI 5(a), packing materials and packing containers entered with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. However, this provision is not binding when such materials or packing containers are clearly suitable for repetitive use. Three of the hangers submitted with your request, styles A&E6010, KH6012 and KH2012, are substantially similar to the hangers that were the subject of HQ 964963, 964964 and 964948, all dated June 19, 2001. Those hangers, which were used in hanger recovery systems, were ruled to be of sufficiently substantial construction to be suitable for repetitive use for the conveyance of goods. Thus, styles A&E6010, KH6012 and KH2012 may be classified separately in subheading 3923.90.0080, HTS, even when imported with garments.

Styles KH1001 and SH210 are not constructed as substantially as the hangers of HQ 964963, 964964 and 964948. They are of thinner gauge plastic and have an integral molded plastic top hook rather than a wire swivel hook for hanging over a garment rod. This office has no evidence that hangers of this construction are suitable for commercial reuse, and you have not submitted any information or documentation substantiating commercial reuse of these particular styles or of styles of similar construction. If you have such evidence, you may resubmit your request with supporting documentation. Such documentation must include information demonstrating the number of times such hangers are reused for the commercial shipment of garments.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Joan Mazzola at (646) 733-3023.


Robert B. Swierupski

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