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NY I87132




October 15, 2002

CLA-2-39:RR:NC:SP:221 I87132

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Mr. Howard A. Rosenstreich
Outerstuff Ltd.
1370 Broadway, 15th Floor
New York, NY 10018

RE: The tariff classification of plastic hangers.

Dear Mr. Rosenstreich:

In your undated letter that was received in this office on October 3, 2002, you requested a tariff classification ruling.

Five sample hangers were included with your letter. Style W1002 is a bottom hanger that incorporates a plastic clamp on each side to hold slacks or a skirt. The bar, top rod hook and plastic clamps are formed as a one piece molded construction. Each plastic clamp is held closed by a metal piece that slides over a depression in the middle of the clamp, thereby securing the garment in place. Styles 472, 496 and 210 are top hangers made entirely of plastics in a one piece molded construction. These four styles of hangers are of a type principally used for the transport of garments. Hanger style 1600 is a top hanger of black plastic with a swivel metal top hook. The hanger is molded in a sloped design with rounded top and open bottom. The thickness of the hanger is ½ inch. You have not indicated the country of origin of the hangers. The rate of duty provided below is applicable to shipments from countries with which the United States has Normal Trade Relations.

The applicable subheading for the hangers, styles 472, 496, 210 and W1002, 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.

There is insufficient information to rule on the classification of hanger style 1600. Classification will depend on whether hangers of this type are principally used in the home, in retail stores, or for the transport of garments. Please indicate how this hanger is marketed and used.

You ask whether the hangers, when imported holding apparel, are 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.

Styles 496 and 472 are of a flimsy one piece molded construction that is not suitable for repetitive use for the commercial shipment of garments. These hangers are of a kind normally used for packing garments, and should be classified with the garments with which they are imported.

Styles 210 and W1002 are of significantly more substantial construction than styles 496 and 472, but are not constructed as substantially as 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. Styles 210 and W1002 have an integral molded plastic top hook rather than a wire swivel hook for hanging over a garment rod. 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 these particular styles 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 such hangers are reused for the commercial shipment of 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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