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NY J88940




October 31, 2003

CLA-2-39:RR:NC:SP:221 J88940

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

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

RE: The tariff classification of plastic hangers.

Dear Messrs. Desiderio and Spraragen:

In your letter dated September 29, 2003, on behalf of your client, Tommy Hilfiger, you requested a tariff classification ruling.

Five sample plastic hangers were submitted with your request. Style 3328 (0841-02) is a clear plastic top hanger. Style 484-0590-1 is a clear plastic 17-inch top hanger. Both of these top hangers incorporate a drop at the lower middle portion through which a bottom hanger may be secured to facilitate the hanging of two-piece garments. Style 6012 is a clear plastic 12-inch pinch grip bottom hanger. This hanger incorporates pinch clips that operate by means of a metal spring to secure shorts, pants or skirts. Styles 484-0590-1, 6012 and 3328 (0841-02) have metal swivel top hooks for hanging over a garment rod. Styles 6012 and 484-0590-1 have ridges measuring 3/8 inch and style 3328 (0841-02) has ridges measuring ½ inch.

Styles GS-19 and GS-23 are 10-inch intimate (bra and panty) hangers made entirely of plastics as a one-piece molded product. These hangers are of significantly less substantial construction that the previous styles, measuring approximately 3/16 inch at the ridges and top hook.

You indicate in your letter that the hangers will be imported from various countries. For purposes of this reply it is assumed that all are countries with which the United States has Normal Trade Relations.

The applicable subheading for 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.

You also 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 484-0590-1, 6012 and 3328 (0841-02) are 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, styles 484-0590-1, 6012 and 3328 (0841-02) may be classified separately in subheading 3923.90.0080, HTS, even when imported with garments.

Please provide additional information on hanger styles GS-19 and GS-23. The printout illustrating hangers that are part of the VICS Floor Ready Hanger Program does not cover style GS-23. Please submit the printout covering this particular style. Identify the plastic resin breakdown for styles GS-19 and GS-23. Describe the practice of your client, Tommy Hilfiger, regarding reuse of hanger styles GS-19 and GS-23.

The samples of styles 484-0590-1, 6012 and 3328 (0841-02) are being returned as you requested. The samples of styles GS-19 and GS-23 will be retained pending receipt of your follow-up request.

When you resubmit your request with information on the resin content of styles GS-19 and GS-23, please include any additional documentation you would like us to consider in determining whether these two styles are reusable in a commercial sense for the shipment of garments. Please include any available documentation indicating what percentages of hanger styles GS-19 and GS-23 are forwarded to a hanger recovery system for reuse in shipping, what percentages are given away with purchase of the garments and what percentages are recycled for their plastics content. Submit any documentation that indicates the useful life of hangers of these styles for 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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