The tariff classification of plastic hangers.

N028499 May 21, 2008 CLA-2-39:OT:RR:NC:SP:221 CATEGORY: Classification TARIFF NO.: 3923.90.0080 Mr. Joseph Inoa Outerstuff, Ltd. 1370 Broadway 15th Floor New York, NY 10018 RE: The tariff classification of plastic hangers. Dear Mr. Inoa: In your letter dated May 13, 2008, you requested a tariff classification ruling. Four sample plastic hangers were submitted with your request. All are of substantial construction. Two are embossed with style number 484. Each of these two hangers is a 17-inch clear plastic top hanger with a ridge that measures 3/8 inch. The sample that is embossed with style number 485 is a 15-inch clear plastic top hanger with a ridge that measures 1/4 inch. Each of the three top hangers incorporates a drop at the lower middle portion through which a bottom hanger may be secured to facilitate the hanging of two-piece garments. Each of the top hangers has been molded to include shoulder strap slots. The sample that is embossed with style number 6012 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. The ridge measures 3/8 inch. All four hangers have metal swivel top hooks for hanging over a garment rod. You state that the hangers are VICS reusable hangers composed of K-resin and polypropylene. Such hangers are manufactured to specifications by approved suppliers in accordance with the VICS “Floor Ready Hanger Program,” a program in which most major American retailers participate. In response to the mandates of the “floor ready” and “hanger recovery” programs employed by retailers and imposed on their vendors, garment manufacturers are responsible for purchasing specific styles of hangers and shipping garments on the specified hangers. Garments arrive at the retail stores ready to be hung directly on the selling floor. Hangers of substantial construction 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 will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), 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 HTSUS 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, 485 and 6012 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, the hangers submitted with your request, styles 484, 485 and 6012, are classifiable separately in subheading 3923.90.0080, HTSUS, even when imported with garments. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. You listed numerous other hanger styles for which you are also requesting a ruling, but you did not submit pictures, samples or descriptions of any of those hangers. Your inquiry does not provide enough information for us to give a classification ruling on those other styles. Your request must include a sample of each hanger for which you are requesting a ruling. When this information is available, you may wish to consider resubmission of your request. Note that each ruling request is limited to five items. 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