HQ 080900: Classification of a photograph frame/album

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 080900

                                     March 28 1989


            CLA-2:CO:R:C:G  080900  SR

            CATEGORY:  Classification

            TARIFF NO.:  8306.30

            Ms. Christine Berghofer
            Associated Merchandising Corporation
            50 Terminal Road
            Secaucus, New Jersey 07094

            RE:  Classification of a photograph frame/album

            Dear Ms. Berghofer:

                 This is in reference to your letter dated January 20,
            1988, requesting the tariff classification of a brass picture
            frame/photograph album under the Tariff Schedules of the United
            States (TSUS).  We regret the delay in responding to your
            inquiry.  The TSUS was replaced by the Harmonized Tariff
            Schedule of the United States Annotated (HTSUSA), effective
            January 1, 1989.  We are providing you with a classification
            under the HTSUSA.  A sample was submitted.

            FACTS:

                 The merchandise in question is a combination photograph
            album and picture frame.  The 5"x7" brass photo frame serves as
            the cover of the photo album.  The photo album is encased in a
            latch-closing box which is attached to the back of the frame.
            The entire unit is held up by a picture frame stand which is
            attached to the back of the box.  On each side of the inside of
            the velour covered box is a plastic pocket page which holds 26
            pictures, for a total of 52 pictures.  The components of the
            photo frame/album include brass, wood, glass, paper, and
            plastic.

            ISSUE:

                 What is the classification of the photo frame album under
            the HTSUSA?  


















                                         - 2 -

            LAW AND ANALYSIS:

                 The merchandise at issue is considered to be composite
            goods as defined in General Rule of Interpretation (GRI) 2(b)
            of the HTSUSA, because it consists of different materials,
            primarily metal and wood.  Under GRI 3(b), the classification
            of composite goods is determined by the component which imparts
            the essential character of the item.  Both the metal and wood
            components of this item play a significant role in providing
            the essential character of the item.  Because both items
            equally provide the essential character merchandise, it falls
            under GRI 3(c) which provides that goods that cannot be
            classified under GRI 3(a) or 3(b) shall be classified under the
            heading that occurs last in numerical order among those which
            equally merit consideration.

                 The same type of merchandise was at issue in Headquarters
            Ruling Letter (HRL) 080969, dated November 21, 1988.  This
            ruling letter classified a photograph album frame under
            subheading 8306.30, HTSUSA, based on GRI 3(c).

            HOLDING:

                 The HTSUSA provision applicable to the above described
            merchandise is subheading 8306.30, HTSUSA, which provides for
            photograph, picture or similar frames, of base metal.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division






















            6cc:  Area Director, New York Seaport
            1cc:  Legal Reference
            1cc:  John Durant
            SRosenow:jaj:11/1/88