CLA-2 CO:R:C:G 086197 KWM

TARIFF: 6307.90.9050


Ms. Lorraine Dugan
Associated Merchandising Corporation
1440 Broadway
New York, New York 10018

RE: Textile covered picture frame

Dear Ms. Dugan:

This letter is in response to your inquiry dated December 7, 1989, requesting tariff classification of a textile covered picture frame. Your letter and samples of the goods have been forwarded to us by our New York office. It is our understanding that a ruling has already been issued regarding the jewelry boxes. Therefore, we address here only the fabric covered photo frames submitted.

FACTS:

The goods at issue here are constructed of paperboard and textile material. The structure or frame of each item is paperboard. The surfaces are covered with a textile material identified as 100% cotton. The textile material is adhered to the paperboard by an adhesive. The item is described as:

Style 1174S - a "stand-up paperboard heart-shaped photo frame." It is trimmed with braid edging and has a center front bow.

Your letter contains no information regarding the cost or weight breakdown of the component materials.

ISSUE:

How are these goods classified under the Harmonized Tariff Schedule of the United States Annotated?

LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI's) 1 through 5. The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relevant Section or Chapter Notes. Then, if GRI 1 fails to classify the goods, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

In the instant case, we find no specific heading of the nomenclature which provides for this item. Although your letter did not include a breakdown of the component materials used in constructing the frames, it is obvious that the principal components are paperboard and textile material. These form an inseparable whole, and the item is therefore a composite good. Failing classification by GRI 1, resort is had to GRI's 2 and 3. Under GRI 2, any reference to a material or an article made of a material includes goods made wholly or in part of that material. GRI's 3(a) and (b) hold that goods such as these which are prima facie classifiable under two or more headings are classified by determining which of the component materials provides the item with its essential character.

Two headings suggest themselves for classification purposes, each referring to one of the principal components. The first is Heading 4823, HTSUSA, other articles of paper or paperboard, and the second is Heading 6307, HTSUSA, other made up articles of textiles. Classification ordinarily depends on which material gives the product its essential character. In this case, however, we are of the opinion that no single component imparts the essential character to the sample articles. We reach this conclusion despite the absence of weight or cost data, based simply on the nature of the merchandise. Although paperboard is most likely predominant by weight and by bulk, we believe the textile to have greater value. The textile distinguishes these items from other types of picture frames, and greatly enhances the marketability of the item. However, it must rely upon the cardboard frame for support and rigidity.

Failing classification by GRI 3(b), GRI 3(c) states that, among eligible headings, classification shall occur under that which is last in numerical order among those under consideration. In this case, that heading would be 6307.90.9050, HTSUSA, which provides for other made up textile articles.

HOLDING:

The textile covered picture frame is classified as a made up textile article of subheading 6307.90.9050, HTSUSA. The duty rate on these goods will be 7% ad valorem. There is no textile visa category associated with this item.

Sincerely,

John Durant, Director
Commercial Rulings Division