The tariff classification of a clothing holder used in a pull-out closet organizer from China.
Issued February 9, 2009 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9403.90.8040
Headings: 9403
Product description
The clothing holder has been identified by you with part number 300.3111-BLK. Submitted drawings of the item and review of United States Patent recordation indicate: Item 300.3111-BLK is a clothing holder (pants, skirts and shorts) used in a pull-out closet organizer. The holder, referenced as a hanger, is made from 6mm diameter steel wire that is bent to shape – there is no twisting action of the two ends to form a hook, as in a conventional mass produced industrial hanger. The hanger is powder coated black, and then a thick black polyvinyl chloride (PVC) extrusion is snapped over the crossbar, between the two hooks. The hanger can be used to hold pants, or the extrusion can be removed from the hanger and custom made clips can be placed onto the crossbar for purposes of holding skirts and shorts. Measurement of the diameter of the frame’s two support bars that accept the hooks of the hanger is 1.085 inches, and the pitch between the supports in the frame is 11.880 inches. It is stated within your letter that the clothing holder is manufactured to exact size and will only function with the patented pull-out organizer; the holder may be sold separately as a replacement item to be used with the pull-out organizer or as an additional holder to be used with the organizer. You further stated that the pull-out organizer to which the holder attaches was ruled upon in NY L86519 dated July 25, 2005, where it was held that the pull-out organizer used in a California Closet floor mounted wardrobe was classified in HTS 9403.90.8040 – parts of furniture. The Explanatory Notes to the Harmonized Tariff Schedule (HTS) of the United States provides that Chapter 94, furniture parts, covers parts whether or not in the rough, of the goods of heading 9403 when identifiable by their shape or other specific features as parts designed solely or principally for an article of those headings. Parts of furniture are classified in Chapter 94 when not more specifically covered elsewhere. Based o
CBP rationale
skirts and shorts. Measurement of the diameter of the frame’s two support bars that accept the hooks of the hanger is 1.085 inches, and the pitch between the supports in the frame is 11.880 inches. It is stated within your letter that the clothing holder is manufactured to exact size and will only function with the patented pull-out organizer; the holder may be sold separately as a replacement item to be used with the pull-out organizer or as an additional holder to be used with the organizer. You further stated that the pull-out organizer to which the holder attaches was ruled upon in NY L86519 dated July 25, 2005, where it was held that the pull-out organizer used in a California Closet floor mounted wardrobe was classified in HTS 9403.90.8040 – parts of furniture. The Explanatory Notes to the Harmonized Tariff Schedule (HTS) of the United States provides that Chapter 94, furniture parts, covers parts whether or not in the rough, of the goods of heading 9403 when identifiable by their shape or other specific features as parts designed solely or principally for an article of those headings. Parts of furniture are classified in Chapter 94 when not more specifically covered elsewhere. Based on the pull-out organizer being classified as parts of furniture for a floor mounted wardrobe, the clothing holder used with the organizer in a floor mounted wardrobe is classified as parts of furniture too. The applicable subheading for the clothing holder used in a floor mounted wardrobe will be 9403.90.8040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Parts: Other: Other, Of metal.” The rate of duty will be free. 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/.
Full text
N049537 February 9, 2009 CLA-2-94:OT:RR:E:NC:SP:233 CATEGORY: Classification TARIFF NO.: 9403.90.8040 Paul F. Fitzpatrick Global Trade Management YRC Logistics 20 Central Street, Suite 108 Salem, MA 01970 RE: The tariff classification of a clothing holder used in a pull-out closet organizer from China. Dear Mr.: Fitzpatrick: In your letter dated January 19, 2009, on behalf of Tag Hardware Systems, you requested a tariff classification ruling. The clothing holder has been identified by you with part number 300.3111-BLK. Submitted drawings of the item and review of United States Patent recordation indicate: Item 300.3111-BLK is a clothing holder (pants, skirts and shorts) used in a pull-out closet organizer. The holder, referenced as a hanger, is made from 6mm diameter steel wire that is bent to shape – there is no twisting action of the two ends to form a hook, as in a conventional mass produced industrial hanger. The hanger is powder coated black, and then a thick black polyvinyl chloride (PVC) extrusion is snapped over the crossbar, between the two hooks. The hanger can be used to hold pants, or the extrusion can be removed from the hanger and custom made clips can be placed onto the crossbar for purposes of holding skirts and shorts. Measurement of the diameter of the frame’s two support bars that accept the hooks of the hanger is 1.085 inches, and the pitch between the supports in the frame is 11.880 inches. It is stated within your letter that the clothing holder is manufactured to exact size and will only function with the patented pull-out organizer; the holder may be sold separately as a replacement item to be used with the pull-out organizer or as an additional holder to be used with the organizer. You further stated that the pull-out organizer to which the holder attaches was ruled upon in NY L86519 dated July 25, 2005, where it was held that the pull-out organizer used in a California Closet floor mounted wardrobe was classified in HTS 9403.90.8040 – parts of furniture. The Explanatory Notes to the Harmonized Tariff Schedule (HTS) of the United States provides that Chapter 94, furniture parts, covers parts whether or not in the rough, of the goods of heading 9403 when identifiable by their shape or other specific features as parts designed solely or principally for an article of those headings. Parts of furniture are classified in Chapter 94 when not more specifically covered elsewhere. Based on the pull-out organizer being classified as parts of furniture for a floor mounted wardrobe, the clothing holder used with the organizer in a floor mounted wardrobe is classified as parts of furniture too. The applicable subheading for the clothing holder used in a floor mounted wardrobe will be 9403.90.8040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Parts: Other: Other, Of metal.” The rate of duty will be free. 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/. 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 Neil H. Levy at (646) 733-3036. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
Ruling history
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