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NY L82129

January 26, 2005

CLA-2-39:RR:NC:SP:221 L82129


TARIFF NO.: 3923.90.0080

Ms. Mary Reynics
Tommy Hilfiger U.S.A., Inc.
18 Thatcher Road
Dayton, NJ 08810

RE: The tariff classification of plastic clothes hangers from China.

Dear Ms. Reynics:

In your letter dated January 10, 2005, you requested a tariff classification ruling.

Two samples were provided with your letter. Hanger No. 408 is identified as an 8.5” PP double bib overall w/2” drop, Hilfiger item THC-42898-A-933. The hanger is molded entirely of white polypropylene plastic. It incorporates two 8½ inch bars, the lower bar hanging 1½ inches below the top bar, and measures 3/16 inch in thickness at the ridges. This hanger is generally used for infants clothing. Hanger 3316K is identified as 15” KR 5.25” Hook, Hilfiger item TJJ-32347, THW-32347, THC-32347-X-557. This style is a 15 inch coat hanger of clear plastic K-resin with a 5¼ inch metal top hanging hook. The hanger measures approximately ½ inch in thickness at the ridges.

The applicable subheading for the plastic 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 plastics: other. The rate of duty will be 3 percent ad valorem.

You state that the hangers will be used in the conveyance or packing of goods. 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. Style 3316K is 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, style 3316K may be classified separately in subheading 3923.90.0080, HTS, even when imported with garments.

Hanger style 408 is of significantly less substantial construction than the hangers that were the subject of HQ 964963, 964964 and 964948. It has an integral molded plastic top hook rather than a wire swivel hook for hanging over a garment rod, and it is of significantly thinner gauge 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 style 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 each hanger can be reused for the commercial 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 garment and what percentage is recycled for its plastics content. Note that hangers that are not suitable for commercial reuse 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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