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NY J88941




October 31, 2003

CLA-2-39:RR:NC:SP:221 J88941

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 3315 (0841-07) is a clear plastic top hanger. Style 6212 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. Style 1202/1203 (also embossed as 1244) is a clear plastic 12-inch bottom hanger that incorporates slide lock metal clips to secure shorts, pants or skirts. Style 393 is a clear plastic contour coat hanger. The style identified by you as 472 473 485 is also embossed with markings identifying it as style 2615. This hanger is a clear plastic top hanger. All of these hangers have metal swivel top hooks for hanging over a garment rod. Style 3315 (0841-07) has a ridge measuring ½ inch, styles 6212 and 1202/1203 have ridges measuring 3/8 inch, and style 472 473 485 (2615) has a ridge measuring ¼ inch. Style 393 is made with a different construction that has no ridge but that measures approximately ½ inch in width along the frame.

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 3315 (0841-07), 1202/1203 and 6212 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. Style 393 is manufactured with a different style but with at least equally substantial construction as the hangers that were the subject of HQ 964963, 964964 and 964948. Thus, styles 3315 (0841-07), 1202/1203, 6212 and 393 may be classified separately in subheading 3923.90.0080, HTS, even when imported with garments.

Please provide additional information on the hanger identified as style 472 473 485. The printout you submitted illustrating hangers in the VICS Floor Ready Hanger Program illustrates style 472 as a child’s hanger made entirely of plastics and style 485 as a 15-inch top hanger with a metal swivel top hook. Does style 472 473 485 correspond in any way to styles 472 and 485? If not, please submit a printout for the VICS program that identifies style 472 473 485. Why is the hanger embossed to show four different style numbers? Identify the plastic resin breakdown for style 472 473 485. Is the resin identical to that used in styles 3315 (0841-07), 1202/1203, 6212 and 393? What is the practice of your client, Tommy Hilfiger, regarding reuse of this hanger style?

When you resubmit your request with information on the resin content of the plastics, please include any additional documentation you would like us to consider in determining whether style 472 473 485 is reusable in a commercial sense for the shipment of garments. Please include any available breakdowns showing what percentage of hanger style 472 473 485 is forwarded to a hanger recovery system for reuse in shipping, what percentage is given away with purchase of the garments and what percentage is recycled for the plastics content. Submit any documentation that indicates the number of times hanger style 472 473 485 is reused for commercial shipment of garments. Also indicate whether this style is different in any way from style 472 473 485 which you submitted for a ruling request in file J88934 and J88944.

The samples of hanger styles 3315 (0841-07), 393, 1202/1203 and 6212 are being returned as you requested. The sample of hanger style 472 473 485 will be retained in this office for 60 days pending your follow-up request.

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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