CLA-2-73:OT:RR:NC:N1:113
Ms. Sandra Tovar
CST, Inc.
500 Lanier Avenue West
Suite 901
Fayetteville, GA 30214
RE: The tariff classification of a clothes hanger and a shopping bag from China
Dear Ms. Tovar:
In your letter dated April 25, 2010, on behalf of Robert H. Ham Company, you requested a tariff classification ruling. Samples of the clothes hanger and the shopping bag were submitted with your ruling request.
The first item concerned is described in your letter as a chrome plated metal 12” skirt dress hanger (style number SH-211-K). The hanger attracts a magnet, therefore, we believe that the hanger is made of iron or steel. The hanger features a non-swivel hook at the top and a horizontal bar used to connect the two side arms.
You suggested classification for the hanger under heading 7323, Harmonized Tariff Schedule of the United States (HTSUS), which provides for table, kitchen or other household articles and parts thereof, of iron or steel. You stated that Robert H. Ham imports display items such as racks, display cases, mannequins, wall slats, wall racks and other types of fixtures. However, the subject hanger is not principally used in the home and is therefore not classified as a household article in heading 7323, HTSUS. Iron or steel hangers principally used for the transport or display of clothing are classified in heading 7326, HTSUS, which provides for other articles of iron or steel.
The applicable subheading for the hanger (style number SH-211-K) will be 7326.20.0020, HTSUS, which provides for other articles of iron or steel, articles of iron or steel wire, garment hangers. The rate of duty will be 3.9 percent ad valorem.
Garment hangers from China may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).
The second item, identified as item LP-1612, is a leopard print double handled shopping bag made of high density polyethylene plastic sheeting 3 mils in thickness. The bag measures 16 inches in width by 12 inches in height and has a 6 inch gusset. There is a cardboard insert at the bottom to add support. The bags will be sold in boxes of 200 bags per box.
In your letter you suggested classification of the shopping bag in subheading 3923.29.0000, HTSUS, which provides for sacks and bags for the conveyance or packing of goods, of plastics other than polymers of ethylene. However, in reply to a telephone request from this office you provided information indicating that the bag is made of polyethylene.
The applicable subheading for the double handled shopping bag, item LP-1612, will be 3923.21.0085, HTSUS, which provides for articles for the conveyance or packing of goods, of plastics…sacks and bags: of polymers of ethylene…polyethylene retail carrier bags (PRCBs) with handles (including drawstrings), with no length or width shorter than 6 inches or longer than 40 inches. The rate of duty will be 3 percent ad valorem.
Polyethylene retail carrier bags from China may be subject to antidumping (AD) duties. A list of AD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov. You may also write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, NW, Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.
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 subheading 3923.21.0085, please contact National Import Specialist Joan Mazzola at (646) 733-3023. For any other questions, please contact National Import Specialist Ann Taub at (646) 733-3018.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division