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NY H84217




August 31, 2001

CLA-2-39:RR:NC:SP:221 H84217

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Mr. Ralph Tramantano
Roytex Inc.
16 East 34th Street
New York, NY 10016

RE: The tariff classification of plastic hangers from various countries.

Dear Mr. Tramantano:

In your letter dated July 27, 2001, you requested a tariff classification ruling.

Three samples were submitted with your request. Hanger style A&E 484 Clear is a 17 inch top hanger made of molded plastic with a metal swivel top hook for hanging over the rod. The molded plastic ridge measures 3/8 inch in thickness. This hanger is substantially identical to the 17 inch top 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.

Hanger A&E KS-17 (467) is a 17 inch top hanger with a ridge measuring ¼ inch in thickness. Hanger A&E KHS-19 (509)(W529S) is a 19 inch top hanger with a ridge measuring 3/8 inch in thickness. Both are made entirely of plastic with a one piece molded construction. Hanger KS-17 is of flimsy construction. Hanger KHS-19, though more substantially constructed than hanger KS-17, is less substantially constructed than hanger 484. No evidence has been submitted demonstrating that hangers KS-17 and KHS-19, or hangers of similar construction, are used in a hanger recovery system or are capable of reuse in a commercial sense. In the opinion of this office, hangers KS-17 and KHS-19 are not of sufficiently substantial construction to be suitable for repetitive use for the conveyance of goods.

You have indicated in your letter that the hangers will be imported from various countries. The rate of duty provided below is the rate applicable to hangers manufactured in countries with which the United States has Normal Trade Relations.

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 plasticsotherother. The rate of duty will be 3 percent ad valorem.

You have inquired as to the country of origin of the hangers. The country of origin of each hanger is the country in which it was produced.

You have also inquired as to the country of origin marking requirements. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Section 134.1(d), Customs Regulations [19 CFR 134.1(d)], defines "ultimate purchaser" as "generally the last person in the United States who will receive the article in the form in which it was imported."

Hangers KS-17 and KHS-19 are both molded to indicate the country of origin “Taiwan” in raised letters. The embossed lettering, though not in a contrasting color, is of a sufficient size and prominence that the country of origin marking is legible upon casual examination. Hanger A&E 484 is not marked with the country of origin.

The ultimate purchaser of these hangers is the company that uses the hangers for the conveyance of the garments that it sells. Accordingly, marking the containers in which the hangers are imported and sold to the ultimate purchaser in lieu of marking the individual hangers is an acceptable country of origin marking for hangers imported alone, provided the port director is satisfied that the hangers will remain in the marked containers until they reach the ultimate purchaser.

Questions about country of origin marking for hangers that are not imported in marked containers that will be sold to the ultimate purchaser, e.g., hangers imported on garments, or hangers that will be utilized by a series of garment manufacturers, should be directed to U.S. Customs Service Headquarters, Office of Regulations and Rulings, 1300 Pennsylvania Avenue, N.W., Washington, D.C. 20229.

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 (212) 637-7034.

Sincerely,

Robert B. Swierupski
Director,

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