CLA-2 R:C:T 957621 CMR

Ms. Tracey Ellman
PBB USA Inc.
434 Delaware Avenue
Buffalo, New York 14202

RE: Reconsideration of New York Ruling Letter (NYRL) 804597; Classification of nautical wall display plaques of wood, rope and other materials

Dear Ms. Ellman:

This is in response to your request of February 9, 1995, on behalf of Azor Trader, requesting Customs reconsider our classification decision in NYRL 804597 of December 20, 1994. In that ruling, Customs classified the "International Signal Code" wall plaque and the "Nautical Board" wall plaque in heading 5609, Harmonized Tariff Schedule of the United States (HTSUS), as articles of rope. Your client believes the items are more properly classified in heading 9701, which provides for, among other things, collages and similar decorative plaques. In the alternative, your client proposes classification in Chapter 70, based upon the glass window portion of the frame.

FACTS:

This office did not receive any samples of the items at issue. Therefore, the following descriptions are based upon the report by the National Import Specialists in our New York office that reviewed this case and the description contained in NYRL 804597.

The International Signal Code wall plaque consists of a 16 by 21 inch sheet of wood fiberboard upon which is mounted a multicolored printed nautical flag signal chart surrounded by twelve variously knotted ropes. Each type of knot is identified by a small metal sign. The ropes appear to be made of vegetable fibers other than cotton. The display is enclosed in a finished wooden frame with a glass window. -2-

The Nautical Board wall plaque consists of a 8 by 13 inch sheet of felt-covered wood fiberboard upon which are mounted five variously knotted ropes. Each type of knot is identified by a small metal sign. The knots are fashioned from short lengths of nylon rope. In some cases, the knots are wound around miniature wooden tackle boxes and cleats for illustrative purposes. The display is enclosed in a finished wooden frame with a glass window.

ISSUE:

Are the two wall plaques at issue properly classified in heading 9701, a decorative plaques similar to collages, or were they properly classified in NYRL 804597 as articles of rope based upon application of General Rule of Interpretation 3(c)?

Was classification in Chapter 70 based upon the glass window portion of the frame considered in NYRL 804597?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

Heading 9701, HTSUS, provides for collages and similar decorative plaques, among other things. The Explanatory Notes to the Harmonized Commodity Description and Coding System, the official interpretation of the tariff at the international level, state in regard to heading 9701, in relevant part:

(B) COLLAGES AND SIMILAR DECORATIVE PLAQUES

This group covers collages and similar decorative plaques, consisting of bits and pieces of various animal, vegetable or other materials, assembled so as to form a picture or decorative design or motif and glued or otherwise mounted on a backing, e.g., of wood, paper or textile material. The backing may be plain or it may be hand-painted or imprinted with decorative or pictorial elements which form part of the overall design. Collages range in quality from articles cheaply produced in quantity for sale as souvenirs up to products which require a high degree of craftsmanship and which may be genuine works of art.

For the purpose of this group, the term "similar decorative plaques" does not include articles consisting of a single piece of material, even if mounted or glued on a -3-

backing, which are more specifically covered by other headings of the Nomenclature such as "ornaments" of plastics, of wood, of base metal, etc. Such articles are classified in their appropriate headings (headings 44.20, 83.06, etc.).

The term "collage" is defined in Webster's II New Riverside University Dictionary, 1984, at 280, as: "An artistic composition of objects and materials pasted over a surface, often with unifying lines and color." In Webster's New World Dictionary of American English (Third College Edition) 1988, at 273, "collage" is defined as: "an art form in which bits of objects such as newspaper, cloth, pressed flowers, etc., are pasted together on a surface in incongruous relationship for their symbolic or suggestive effect."

Customs believes that the wall plaques at issue are not collages as defined by the Explanatory Note. In addition, we do not believe the items are properly considered similar decorative plaques. The wall plaques at issue are not a collection of bits and pieces put together to create a picture or decorative design or motif; nor are they put together for a symbolic or suggestive effect. They are simply straightforward, informative displays. We do not believe they are similar to collages as that term is commonly understood.

In classifying the subject wall plaques in NYRL 804597, Customs considered the plaques to be composite goods which could not be classified using General Rule of Interpretation (GRI) 1. Therefore, Customs applied GRI 3 and considered the following headings to equally warrant consideration for the International Signal Code plaque: heading 4414 (the frame, including the backboard and glass); heading 4911 (printed matter); and heading 5609 (articles of rope). For the Nautical Board plaque, Customs considered the following headings: heading 4414 and heading 5609.

Your client believes that the glass window portion of the wooden frame should be separately considered and applying GRI 3(c), i.e., classification based upon the heading which appears last in the tariff from among the headings meriting consideration, the plaques would be classified in Chapter 70. However, the Explanatory Note for heading 4414, the heading in which the wooden frame is classifiable, indicate: "Frames remain in this heading if fitted with backs, supports and plain glass." As the glass window portion of the wooden frame is included in the frame's classification in heading 4414, there is no need to consider a separate classification heading which would encompass only the glass window.

This office agrees with the decision in NYRL 804597 that no single component can be said to impart the essential character to -4-

the wall plaques. We also agree with the headings which warrant consideration. As the heading for articles of rope appears last in the tariff, that is the heading in which the wall plaques at issue are properly classified.

HOLDING:

NYRL 804597 is affirmed.

The International Signal Code wall plaque is classified in subheading 5609.00.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, among other things, articles of rope, of vegetable fibers, except cotton. Goods classified in this subheading are currently dutiable at 4 percent ad valorem.

The Nautical Board wall plaque is classified in subheading 5609.00.3000, HTSUSA, which provides for, among other things, articles of rope, of man-made fibers. Goods classified in this subheading are currently dutiable at 8.6 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service which is updated weekly and is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division