The tariff classification of plastic hangers.

NY I87134 October 15, 2002 CLA-2-39:RR:NC:SP:221 I87134 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. Three sample hangers were included with your letter. Style 485 is a 15 inch top hanger. Samples were submitted of a clear plastic version and a white plastic version. The white version is molded to incorporate a hook 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 bottom hanger. All of the samples are made with a metal swivel top hook for hanging over a garment rod. Style 6012 incorporates metal pinch grips as well. You have identified these styles as being part of the VICS “Floor Ready Hanger Program,” in which garments arrive at the retail stores ready to be hung directly on the selling floor. The hangers may be reused for international and domestic shipment of other apparel articles. 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 485 and 6012, 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 rate of duty will be 3 percent ad valorem. You ask whether the hangers, when imported with 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 485 and 6012 are substantially identical to the hangers that were the subject of HQ 964964, 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, hanger styles 485 and 6012 may be classified separately in subheading 3923.90.0080, HTS, even when imported with 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