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NY K81061




November 25, 2003
CLA-2-39:RR:NC:SP:221 K81061

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Ms. Melissa Weiss
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of plastic hangers from China and Bangladesh.

Dear Ms. Weiss:

In your letter dated November 7, 2003, on behalf of Jones Apparel Group, you requested a tariff classification ruling.

Two sample hangers were submitted with your request. Styles 6212 and 1203 are clear plastic 12-inch bottom hangers with ridges measuring 3/8 inch. Style 6212 incorporates pinch clips that operate by means of metal springs to secure shorts, pants or skirts. Style 1203 incorporates slide lock metal clips to secure shorts, pants or skirts. Both of these hangers have metal swivel top hooks for hanging over a garment rod. Style 6212 is made in China. Style 1203 is made in Bangladesh.

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.

The hangers are generally imported with wearing 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 6212 and 1203 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 6212 and 1203 may be classified separately in subheading 3923.90.0080, HTS, even when imported with 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.

Sincerely,

Robert B. Swierupski
Director,

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