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NY J89995




November 5, 2003

CLA-2-39:RR:NC:SP:221 J89995

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Ms. Melissa Weiss
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of plastic hangers

Dear Ms. Weiss:

In your letter dated October 3, 2003, on behalf of Jones Apparel Group, you requested a tariff classification ruling.

Two sample hangers were submitted with your request. Hanger style R170-78T is a top hanger made entirely of white plastics in a one piece molded construction with an integral plastic top. Hanger style R112-78C is a bottom hanger made of white plastics with an integral plastic top. It has integral plastic clamps that secure with slide lock metal clasps. Size markers are snapped onto the top hooks of both hangers.

You have not indicated the country of origin. For purposes of this reply it is assumed that the hangers are manufactured in a country 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.

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. Hanger styles R170-78T and R112-78C are of less substantial construction than 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. The samples submitted with this request have an integral molded plastic top hook rather than a wire swivel hook for hanging over a garment rod, and they are of thinner gauge plastic. 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 each hanger can be reused for the commercial shipment of garments. Please include any available breakdowns showing what percentages of these hanger styles 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. Identify the resin comprising the hangers. Hangers that are not suitable for commercial reuse are classifiable with the garments with which they are 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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