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NY K85321




April 28, 2004
CLA-2-63:RR:NC:N3:351 K85321

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

David Jost
ELSA L, Inc.
27 Red Rock Way
San Rafael, CA 94903

RE: The tariff classification of a picture frame from China

Dear Mr. Jost:

In your letter dated April 15, 2004, you requested a tariff classification ruling.

The submitted sample is a picture frame, identified as Item #0650719555. Measuring approximately 3½”W x 4½”H, it is constructed of paperboard and covered with polyester fabric. The photo display is made of glass.

You have cited two rulings (NY J88017 and NY H83462) in which certain picture frames were classified as paperboard articles of heading 4823, HTS, and you suggest that the current item is also classifiable as such. However, the products described in the rulings you cited are not fully comparable to the article you have submitted. The frames of the cited rulings were made of paperboard, but were not wholly covered with textile material. The current sample is wholly covered with polyester textile fabric, and this fabric covering is stated to be the costliest component of the article. On several occasions, Customs has classified items of this kind as made-up textile articles of heading 6307, HTS. See, for example, New York Rulings D85337, G80242, H82279 and J89306.

The applicable subheading for the picture frame will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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