The tariff classification of plastic hangers.

NY I87131 October 17, 2002 CLA-2-39:RR:NC:SP:221 I87131 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. Styles 227, 472, 3007 and 3008 are top hangers made entirely of plastics in a one piece molded construction. Style 427 incorporates both a top hanger and a bottom hanger, also made as a one piece molded plastic construction. These five styles of hangers are of a type principally used for the transport of garments. 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 227, 427, 472, 3007 and 3008, 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 general rate of duty will be 3 percent ad valorem. 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. Hanger styles 227, 427, 472, 3007 and 3008 do not appear to be suitable for repetitive use. They are of significantly 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. These hangers are considered ordinary packing for the garments with which they are imported, and should be classified with those 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, National Commodity Specialist Division