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NY J86669





August 8, 2003

CLA-2-39:RR:NC:SP:221 J86669

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Mr. Brian Bernarding
Dick’s Sporting Goods
200 Industry Drive
RIDC Park West
Pittsburgh, PA 15275

RE: The tariff classification of garment hangers.

Dear Mr. Bernarding:

In your letter dated June 25, 2003, you requested a tariff classification ruling.

Samples of ten garment hangers were submitted with your letter. Styles 484, 485 and 498 are top hangers with plastic bodies and metal swivel top hooks. Style 3328/3329 is a 17 inch coat hanger with a plastic body and a metal swivel top hook. Styles 6010, 6012, 6014, 6210, and 6212 are bottom hangers with metal swivel top hooks, plastic bodies and plastic pinch clamps that secure with metal spring clips. Style GS-19 is a lingerie type hanger made entirely of plastics. Styles 484, 485, 3328/3329, 6010, 6012, 6014, 6210, 6212 are of substantial construction, with molded plastic ridges measuring from 3/8 to 1/2 inch in thickness. Style 498 is of less substantial construction, measuring approximately 7/32 inch along the ridge. Style GS-19 is of flimsy construction measuring less than 3/16 inch along the ridge.

You indicate in your letter that the hangers will be imported from various countries including Hong Kong, Taiwan and Sri Lanka. You state that all of the hangers are imported from countries with which the United States has Normal Trade Relations.

The applicable subheading for hanger styles 484, 485, 498, 3328/3329, 6010, 6012, 6014, 6210, 6212 and GS-19 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.

You ask whether the hangers, when imported holding apparel, may be classified separately 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. HQ 964963, 964964 and 964948, all dated June 19, 2001, described hangers used in hanger recovery systems that were of substantial construction and were suitable for repetitive use for the conveyance of goods. Hangers of similar construction, and thus suitable for commercial reuse, may be classified separately in subheading 3923.90.0080, HTS, even when imported with garments.

Eight of the hangers submitted with your request, styles 484, 485, 3328/3329, 6010, 6012, 6014, 6210, and 6212, are substantially similar in construction, character and use to the hangers that were the subject of HQ 964963, 964964 and 964948. Thus, these styles may be classified separately in subheading 3923.90.0080, HTS, even when imported with garments.

Hanger style 498 is of flimsier construction than the hangers of HQ 964963, 964964 and 964948. 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. 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. Hangers that are not suitable for reuse in a commercial sense are classifiable with the garments with which they are imported.

Style GS-19 is a lingerie type hanger composed entirely of plastics. It is made of flimsy one-piece molded construction that is not suitable for repetitive use for the commercial shipment of garments. This style hanger is of a kind normally used for packing garments, and should be classified with the garments with which it is 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.

Sincerely,

Robert B. Swierupski
Director,

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