The tariff classification of plastic hangers

N053364 March 19, 2009 CLA-2-39:OT:RR:NC:SP:221 CATEGORY: Classification TARIFF NO.: 3923.90.0080 Ms. Brenda Bodnar JAG Jones Apparel Group 180 Rittenhouse Circle Bristol, PA 19007 RE: The tariff classification of plastic hangers Dear Ms. Bodnar: In your letter dated February 26, 2009, you requested a tariff classification ruling. The sample submitted with your request is an 8 inch bottom hanger, identified as style 6108LT, that incorporates a plastic clamp on each side to hold bottom garment pieces. The bar, top rod hook and the back halves of the plastic clamps are formed as a one-piece molded construction. The front halves of the clamps are separate plastic pieces secured to the back halves by means of metal clips that impart a spring-type action. This hanger is of a type principally used for the transport of garments. You state that the hangers will be manufactured in countries with which the United States has normal trade relations. The applicable subheading for the hangers, when imported without garments, 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 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. Style 6108LT is not constructed as substantially as the hangers of HQ 964963, 964964 and 964948, dated June 19, 2001, that were ruled to be suitable for repetitive use for the conveyance of goods. The ridge of style 6108LT measures only ¼ inch in thickness, and the construction of the entire hanger is thinner than the hanger styles of the above cited HQ rulings. Style 6108LT has an integral molded plastic top hook rather than a wire swivel hook for hanging over a garment rod. This office has no evidence that hangers of this construction are suitable for commercial reuse, and you have not submitted any information or documentation substantiating commercial reuse of this particular style or of styles of similar construction. If you have such evidence, you may resubmit your request with supporting documentation. Such documentation must include evidence demonstrating repeated reuse of the hangers for the commercial shipment of 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/. 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