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NY J83815

May 20, 2003

CLA-2-39:RR:NC:SP:221 J83815


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 KH472, 227, SH117, 3007S and 487 are all top hangers. All are made entirely of plastics in a one piece molded construction. The samples will be retained for reference purposes.

You indicate in your letter that the hangers will be imported from various countries. For purposes of this reply it is assumed that all are countries with which the United States has Normal Trade Relations.

The applicable subheading for these five hanger styles, KH472, 227, SH117, 3007S and 487, 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 plasticsother. 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. HQ 964963, 964964 and 964948, all dated June 19, 2001, described hangers used in hanger recovery systems that were of substantial construction and were suitable for repetitive use for the conveyance of goods. Those hangers had metal swivel top hooks, were constructed of plastics measuring 3/8 inch in thickness along the ridges, and had useful lives of 4 to 6 cycles. Hangers of similar construction, and thus suitable for commercial reuse, may be classified separately in subheading 3923.90.0080, HTS, even when imported with garments.

The hangers that were submitted with your request, styles KH472, 227, SH117, 3007S and 487, are not constructed as substantially as the hangers in HQ 964963, 964964 and 964948. Though you state that the hangers will be used in a hanger recovery program, they do not appear to be substantial enough for reuse in a commercial sense. 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. Hangers that are not suitable for reuse in a commercial sense are classifiable with the garments with which they are imported

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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