The tariff classification of plastic hangers.

NY J88944 October 31, 2003 CLA-2-39:RR:NC:SP:221 J88944 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. Styles 6012 and 6212 are clear plastic 12-inch pinch grip bottom hangers with ridges measuring 3/8 inch. These hanger styles incorporate pinch clips that operate by means of a metal spring to secure shorts, pants or skirts. Style 484-0590-3 is a clear plastic 17-inch top hanger with a ridge measuring 3/8 inch. It 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. Styles 484-0590-3, 6012 and 6212 have ridges measuring 3/8 inch and have metal swivel top hooks for hanging over a garment rod. 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 with a ridge measuring ¼ inch and with a metal swivel top hook for hanging over a garment rod. The style identified by you as Style 472-0713-3 W1001 W1100 consists of style 472 top hanger and style W1001 coordinate hanger. Style 472 top hanger is a 15-inch hanger made entirely of white plastics in a one-piece molded construction with a ridge measuring ¼ inch. Style W1001 coordinate hanger is a bottom hanger of white plastics with a ridge measuring ¼ inch. It is also embossed with style numbers W1100, 1001 and 1100. The bottom coordinate hanger incorporates integral plastic jaws that secure with metal slide locks and an integral top ring that loops over a top hanger to hang two piece garments. 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 plastics…other. 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 484-0590-3, 6012 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. Thus, styles 484-0590-3, 6012 and 6212 may be classified separately in subheading 3923.90.0080, HTS, even when imported with garments. Please provide additional information on the hangers you identify as styles 472 473 485 and 472-0713-3 W1001 W1100. 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. Describe the practice of your client, Tommy Hilfiger, regarding reuse of hanger styles 472 473 485 and 472-0713-3 W1001 W1100. The samples of styles 484-0590-3, 6012 and 6212 are being returned as you requested. The samples of styles 472 473 485 and 472-0713-3 W1001 W1100 will be retained pending receipt of your follow-up request. 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 styles 472 473 485 and 472-0713-3 W1001 W1100 are reusable in a commercial sense for the shipment of garments. Please include any available breakdowns showing what percentages of hanger styles 472 473 485 and 472-0713-3 W1001 W1100 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 number of times hanger styles 472 473 485 and 472-0713-3 W1001 W1100 are reused 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, National Commodity Specialist Division