THE COUNTRY OF ORIGIN MARKING OF PLASTIC CLOTHES HANGERS

N254582 July 16, 2014 MAR-2 OT:RR:NC:N2:421 CATEGORY: MARKING Mr. Timothy Wallace Sourcing Solutions International, Ltd. 31 Meadow Brook Drive Fletcher, NC 28732 RE: THE COUNTRY OF ORIGIN MARKING OF PLASTIC CLOTHES HANGERS Dear Mr. Wallace: This is in response to your letter dated June 18, 2014, requesting a ruling on the country of origin marking of hangers. A marked sample was not submitted with your letter for review. The hangers will be imported on clothing from non-NAFTA countries. You claim that the hangers are similar in construction to hangers that have been ruled to be of substantial construction and suitable for commercial reuse for the international shipment of garments. However, you state that the importers will include the cost of the hangers with the cost of the apparel rather than classifying them separately. Since no sample hangers were provided with your letter, we cannot comment on whether or not the hangers are properly classified with the clothing. This letter is limited to the country of origin marking. You state that at the point of retail sale, the hangers may be 1) given to the customer with the garment, 2) collected and then ownership transferred to a hanger recovery center where they are processed for sale either domestically or for export, 3) reused in the retail outlet to hang other apparel, or 4) sold into a recycling operation. The hangers will be comingled with many other hangers brought in under varying circumstances and with different countries of origin. You ask if hangers deemed to be of substantial construction and suitable for reuse for the commercial shipment of garments must be marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.24(b) of the Customs Regulations provides that disposable containers, not designed for or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. Disposable containers are defined as the usual ordinary type of containers or holders which are ordinarily discarded after the contents have been consumed. Section 134.24(c)(1) of the Customs Regulations provides that when disposable containers or holders are imported by persons or firms who fill or package them with products they sell, these persons or firms are the ultimate purchasers of the containers or holders. In such a case, the containers may be excepted from individual marking under 19 U.S.C. 1304(a)(3)(D) as long as the outside wrappings or packages are marked to indicate the country of origin of the containers. You have stated that the hangers are of a type that have been ruled to be of substantial construction and suitable for commercial reuse for the international shipment of garments. Plastic hangers that are capable of reuse are not considered to be disposable containers and must be marked to indicate the country of origin to the ultimate purchaser. When the hangers are used to package garments, the garment manufacturer/shipper is the ultimate purchaser. These hangers need not be individually marked to indicate the country of origin, even though they may be given to the consumer or sold to a recycler, since the garment manufacturer/shipper, and not the consumer or recycler, is the ultimate purchaser. However, when the hangers are collected, sorted, cleaned and sold for reuse for the commercial shipment of garments, the garment manufacturer/shipper who purchases the reused hangers is the ultimate purchaser of the reused hangers, and the hangers must be marked to indicate to him the country of origin. Noting the comingling of hangers from different countries of origin, and the lack of control over the ultimate disposal of the hangers, only marking each hanger with its country of origin would insure that the marking requirements would be met in all of the described scenarios in which the hangers may be involved. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division