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NY H86527




January 8, 2002

CLA-2-39:RR:NC:SP:221 H86527

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Mr. Frank J. Desiderio
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of plastic hangers.

Dear Mr. Desiderio:

In your letter dated December 3, 2001, on behalf of Jones Apparel Group, Inc., you requested a tariff classification ruling.

Samples of various styles and sizes of plastic hangers were submitted with your request. Style 479 is a 19 inch top hanger. Style 484 is a 17 inch top hanger. Style 485 is a 15 inch top hanger. Style 3328 is a top hanger available in both 15 inch and 17 inch sizes. Style 3319 is a 19 inch top hanger. Style 5245 is a 17 inch top hanger for coats. Except for style 5245, each of these top hangers is molded to incorporate a hook at the lower middle portion through which a bottom hanger may be secured to facilitate the hanging of two-piece garments. Style 5710 is a 10 inch bottom hanger. Style 5712 is a 12 inch bottom hanger. Each of these bottom hangers incorporates pinch clips that operate by means of a metal spring to secure shorts, pants or skirts. Though samples of styles 6010 and 6012 were not submitted, they are described as similar to styles 5710 and 5712, but produced by another manufacturer. The bottom hangers are also available with a metal gripper instead of the metal spring. Both the top and bottom hangers have metal swivel top hooks for hanging over a garment rod. All of these hangers are of substantial construction. The molded plastic ridges of the hangers measure from 5/16 to 1/2 inch in thickness.

You state that the hangers are manufactured to specifications by approved suppliers in accordance with the VICS “Floor Ready Hanger Program,” a program in which most major American retailers participate. In response to the mandates of the “floor ready” and “hanger recovery” programs employed by retailers and imposed on their vendors, garment manufacturers are responsible for purchasing specific styles of hangers and shipping garments on the specified hangers. Garments arrive at the retail stores ready to be hung directly on the selling floor. The hangers may be reused for international and domestic shipment of other apparel articles.

You have not indicated the country of origin of the hangers. For purposes of this reply it is assumed that the hangers are manufactured in countries with which the United States has Normal Trade Relations.

The applicable subheading for all of 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.

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. The hangers submitted with this request are substantially similar in construction, character and use 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, these styles 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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