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HQ 951011

January 30, 1992

CLA-2 CO:R:C:M 951011 DWS


TARIFF NO.: 7323.99.90

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-Seven Broad Street
New York, NY 10004

RE: Plate Hanger; 8306.30.00

Dear Ms. Cumins:

This is in response to your letter of December 23, 1991, concerning the classification of plate hangers under the Harmonized Tariff Schedule of the United States (HTSUS).


The subject plate hanger is made of metal and is brass plated. It measures approximately 6 3/4 inches in diameter and is fitted with five spring hooks in which a decorative plate is held. The hanger features a metal ring at the top so that a decorative plate can be hung on a wall. Also included with the hanger are two nails and a j-hook for the purposes of hanging a decorative plate.


What is the proper classification of the subject plate hanger under the HTSUS?


Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

You claim that the subject merchandise is similar to a photograph or picture frame and, therefore, is classifiable under subheading 8306.30.00, HTSUS, which provides for: "[p]hotograph, picture or similar frames." The general, column one rate of duty for that provision is 5.3 percent ad valorem.

In part, Webster's Third New International Dictionary, Merriam-Webster Inc., Springfield, MA, 1986, defines the term "frame" as:

6a: an enclosing usu. rectangular and esp. ornamental border or a physical limitation suggesting such a border.

It is our position that the plate hanger is not a frame. Rather than providing an ornamental, enclosing border, the plate hanger is specifically designed to be as inconspicuous as possible. Also, the plate hanger is not marketed as a frame, but as a hanger.

We find that, because in most cases the merchandise will be used in a household, it is classifiable under subheading 7323.99.90, HTSUS, which provides for: "[t]able, kitchen or other household articles and parts thereof, of iron or steel: [o]ther: [o]ther: [o]ther: [o]ther."


The subject plate hanger is classifiable under subheading 7323.99.90, HTSUS. The general, column one rate of duty is 3.4 percent ad valorem.


John Durant, Director
Commercial Rulings Division

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