The tariff classification of plastic hangers from China.

NY R02794 November 18, 2005 CLA-2-39:RR:NC:SP:221 R02794 CATEGORY: Classification TARIFF NO.: 3923.90.0080 Mr. L. Gabriel Garcia Cabela’s, Inc. One Cabela Drive Sidney, NE 69192 RE: The tariff classification of plastic hangers from China. Dear Mr. Garcia: In your letter dated November 5, 2005, you requested a tariff classification ruling. Pictures of 6 styles of hangers were provided with your letter. Hanger style #CJ40 is a black top hanger with a polystyrene plastic body and a metal top hook. Hanger style #5400 is a black bottom hanger with a metal swivel hook and a molded plastic body that includes upper and lower notches to secure clothing. Hanger style #196/18 is a green top hanger with a molded polystyrene body and a metal top hook. Hanger style #M1603R is a green bottom hanger with a metal swivel top hook and molded plastic body incorporating a metal horizontal rod with two plastic pinch clips. These hangers will be imported inserted into a garment and flat packed in a shipping carton. They will be used to hang garments in retail stores for merchandising purposes. The hangers will not be given to the customer upon checkout at the retail stores. You claim that these hangers are of substantial heavy-duty construction and are suitable for repetitive commercial use. You suggest that they should be separately classified from the clothing in subheading 3923.90.0080, Harmonized Tariff Schedule of the United States (HTS). Hanger style # 470 is a green top hanger with a molded plastic top hook and plastic body. Hanger #1002 is a green bottom hanger with a molded plastic top hook and a plastic body incorporating two pinch clamps that are secured with metal clips. These hangers will be imported inserted into a garment and flat packed in a shipping carton. They will be used to hang garments in retail stores for merchandising purposes. The hangers will be given to the customer upon checkout at the retail stores. You state that these hangers are flimsy in construction and are not suitable for repetitive commercial use. You suggest that they should be classified in accordance with General Rule of Interpretation 5(b) of the HTS. 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. Noting the description and pictures of hanger styles #470 and #1002, this office agrees that those hanger styles are classified with the garments with which they are imported and take the rate of duty applicable to those garments. There is insufficient evidence to determine whether hanger styles #CJ40, #5400, #196/18 and #M1603R are suitable for repetitive commercial use. Your request for a ruling should include a sample of each of these four hanger styles. In addition, please specify the type of plastic styles #5400 and #M1603R are composed of. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you. 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