CBP Finds Hangers Holding Imported Clothes Not Classifiable Different Than Garments
Plastic hangers used to hold imported clothing are classifiable based on the clothing being held, CBP said in a Sept. 22 ruling. The importer, Bisma International, sought a further review of protest after CBP liquidated entries that included the hangers in subheading 6109.90.10, which covers T-shirts and other garments. Bisma argued that the plastic hangers deserved to be classified separately in a different heading. The ruling was released on Nov. 30.
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Specifically, Bisma said the hangers are better classified in heading 3923.90.00 as “Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: Other.” The company also said the hangers are eligible for treatment under the Generalized System of Preferences benefits program.
CBP didn't classify the hangers separately because they aren't clearly for repeated use, CBP said. Previous CBP rulings similarly found that additional information would be required to show suitability for reuse, it said. That includes “documentation verifying re-sales of the relevant styles of hangers, after their original use, to garment vendors for use in packing, shipping, and transportation of garments; evidence that the hangers are made entirely of durable molded plastic and are specially designed by the manufacturer for international transit and multiple international reuse cycles; the style number was previously considered by CBP in a ruling to be an Instrument of International Traffic; or the hangers were specifically constructed and tested to be used multiple times during its useful life.”
The company argued that the hangers are recyclable, but a “product that is recyclable is not necessarily suitable for reuse,” CBP said. Without a demonstration of reusability, the hangers are classifiable in heading 6109, CBP said. The hangers, which were made in Pakistan from Pakistani plastic, also don't qualify for GSP treatment, CBP said. That is because subheading 6109.90.10 is not a GSP-eligible provision, the agency said. The goods are dutiable at 32% under that subheading, it said.