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NY J88936

October 31, 2003

CLA-2-39:RR:NC:SP:221 J88936


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.

Five sample plastic hangers were submitted with your request. Style 393 is a clear plastic contour coat hanger. Styles 3329 (A2) and A3 are clear plastic jacket hangers. These three hangers have metal swivel top hooks for hanging over a garment rod. Styles 393 and 3329 (A2) have long neck hooks while style A3 has a standard length neck hook. Styles 3329 (A2) and A3 have ridges measuring ½ inch. Style 393 is of a different construction, with a smooth top and hollow interior, and measures ½ inch in width at the top.

Style PB 608 is a white plastic bottom hanger with a molded plastic top hook. It incorporates integral plastic clamps that are secured with slide lock metal clips. Style PL 708 is a white plastic bottom hanger with integral plastic clamps that secure with slide lock metal clips. This hanger is molded to incorporate a large ring by which it may be looped over a top hanger. Styles PB 608 and PL 708 have ridges measuring ¼ inch.

You indicate that hanger styles 393, 3329 (A2) and A3 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 imported 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 3329 (A2) 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. Style 393 is manufactured with a construction that is of equally substantial construction to the hangers that were the subject of HQ 964963, 964964 and 964948. Thus, styles 3329 (A2), A3 and 393 may be classified separately in subheading 3923.90.0080, HTS, even when imported with garments.

This office needs additional information in order to respond to your request for a ruling on styles PB 608 and PL 708. Each of these hangers is embossed “Made in USA” and your description identifies them as products of the United States. What are the circumstances of their importation? Does your client intend to import the same or similar hanger styles made in other countries? If so, will the construction of the imported hangers be identical to the construction of the hangers made in the United States?

Please provide additional information on hanger styles PB 608 and PL 708. Your submitted printout of VICS floor ready hanger styles does not include styles PB 608 and PL 708. Please submit the printout covering these styles. Identify the plastic resin breakdown for styles PB 608 and PL 708 and describe the practice of your client, Tommy Hilfiger, regarding reuse of these hanger styles.

The samples of styles 393, 3329 (A2) and A3 are being returned as you requested. The samples of styles PB 608 and PL 708 will be retained in this office for 90 days pending 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 styles PB 608 and PL 708 are reusable in a commercial sense for the shipment of garments. Please include any available breakdowns showing what percentages of styles PB 608 and PL 708 are forwarded to a hanger recovery system for reuse in shipping, what percentages are given away with purchase of the garments and what percentages are recycled for the plastics content. Submit any documentation that indicates the number of times styles PB 608 and PL 708 are 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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