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NY K84521

April 20, 2004
CLA-2-39:RR:NC:SP:221 K84521


TARIFF NO.: 3923.90.0080

Ms. Melissa Fox
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of a plastic hanger from Sri Lanka.

Dear Ms. Fox:

In your letter dated March 23, 2004, on behalf of Jones Apparel Group, you requested a tariff classification ruling.

The sample provided with your letter is a bottom hanger (Style 1002) of molded plastic. It has an integral molded plastic top hook and integral plastic pinch clips that tighten with a sliding metal grip to secure shorts, pants or skirts.

The applicable subheading for the hanger 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.

In a telephone conversation with this office you asked whether this hanger, when imported holding apparel, is 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. Hanger style 1002 does not appear to be suitable for repetitive use. It is of significantly less substantial construction than the hangers of HQ 964963, 964964 and 964948, dated June 19, 2001, that were ruled to be suitable for repetitive use for the conveyance of goods. The sample submitted with this request has an integral molded plastic top hook rather than a wire swivel hook for hanging over a garment rod, and is made of a different type of plastic. 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 this particular style or of styles of similar construction. This hanger is considered ordinary packing for the garment with which it is imported, and should be classified with the garment.

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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