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NY J88935

October 31, 2003

CLA-2-39:RR:NC:SP:221 J88935


TARIFF NO.: 3923.90.0080

Mr. Frank Desiderio
Mr. Joseph M. Spraragen
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of plastic hangers.

Dear Messrs. Desiderio and Spraragen:

In your letter dated September 29, 2003, on behalf of your client, Tommy Hilfiger, you requested a tariff classification ruling.

Three sample plastic hangers were submitted with your request. Style VC6 110/210 108/208 is a clear plastic pinch grip bottom hanger. This hanger style incorporates pinch clips that operate by means of a metal spring to secure shorts, pants or skirts. It has a metal swivel top hook for hanging over a garment rod and has a ridge measuring 5/16 inch. Style A3 is a clear plastic top hanger that incorporates a middle drop loop so that a bottom hanger can be looped through. It has a long neck metal swivel top hook and a ridge measuring ½ inch. Style D14 is a clear plastic intimate hanger molded entirely of plastics in a one-piece construction. It has a ridge measuring 3/16 inch.

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 the hangers 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 also ask whether the hangers, when imported holding apparel, are separately classifiable 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. Styles VC6 110/210 108/208 and A3 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 VC6110/210 108/208 and A3 may be classified separately in subheading 3923.90.0080, HTS, even when imported with garments.

Hanger style D14 is of significantly less substantial construction than the hangers that were the subject of HQ 964963, 964964 and 964948. Please provide additional information on this hanger. Your submitted printout of VICS floor ready hanger styles does not include style D14. Please submit the printout covering this particular style. Identify the plastic resin breakdown for style D14 and describe the practice of your client, Tommy Hilfiger, regarding reuse of this hanger style.

The samples of hanger styles VC6 110/210 108/208 and A3 will be returned as you requested. The sample of hanger style D14 will be retained for 90 days pending receipt of your follow-up request.

When you resubmit your request with information on the resin content of the plastics, please include any additional documentation you would like us to consider in determining whether style D14, or styles substantially similar to it, are reused in a commercial sense for the shipment of garments. Please include any available breakdowns showing what percentage of this hanger style is forwarded to a hanger recovery system for reuse in shipping, what percentage is given away with purchase of the garments and what percentage is recycled for the plastics content. Submit any documentation that indicates the number of times hanger style D14 is reused for 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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