HQ 080969: 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 080969

                                   November 21, 1988




            CLA-2:CO:R:C:G  080969  SR

            CATEGORY:  Classification

            TARIFF NO.:  206.98;  657.35;  8306.30

            Mr. George Anki, Jr.
            L.E. Coppersmith, Inc.
            750 Battery Street, Suite 430
            San Francisco, California  94111

            RE:  Classification of a photograph frame/album

            Dear Mr. Anki:

                 This is in reference to your letter dated June 23, 1987,
            requesting the tariff classification of a brass picture
            frame/photograph album under the Tariff Schedules of the United
            States (TSUS).  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 28
            pictures, for a total of 56 pictures.  The components of the
            photo frame/album include brass, wood, glass, paper, and
            plastic.

            ISSUE:

                 Whether the photo frame album should be classified as a
            photo album, a photo frame, or by the component of chief value.




















                                         - 2 -

            LAW AND ANALYSIS:

                 There is a well established classification principle which
            states that an item which is "more than" a certain article
            cannot fall within the eo nomine provision.  The Ashflash Corp.
            v. U.S., 76 Cust. Ct. 112, C.D. 4643 (1976).  Headquarters
            Ruling Letter (HRL) 070508 dated March 16, 1983, summarized the
            "more than" doctrine as follows:

                 1.     ...[W]here an article is in character or
                        function something other than as described
                        by a specific statutory provision-either more
                        limited or more diversified-and the
                        difference is significant, it cannot find
                        classification within such provision.  It is
                        said to be more than the article described in
                        the statute (emphasis supplied).  Robert Bosch
                        et. al v. United States, 43 Cust. Ct. 96, C.D.
                        3881 (1969), at p. 103, and cases cited therein;

                 2.     ...[M]erchandise which in fact constitutes
                        more than a particular article or which has
                        additional nonsubordinate or coequal functions
                        is not classifiable as that article (emphasis
                        added).  Sturm, A Manual of Customs Law (1974),
                        at p. 298; and

                 3.     ...[T]his doctrine has been applied in cases
                        where the article was found to have two
                        coequal functions or where a second function was
                        not incidental, subsidiary or auxiliary (emphasis
                        added).  Sturm, A Manual of Customs Law (Suppl.
                        1974) at p. 72.

                 This ruling dealt with a stuffed bear figure which
            contained a battery-operated audio unit. The stuffed bear and
            audio unit were each found to possess two mutually independent
            functions each of which constituted a substantial and coequal
            characteristic or feature of the end product.  Therefore, as it
            could not be classified by either of the main functions, this
            merchandise was classified by the component of chief value.

                 Photograph frames and photo albums each are listed in an
            eo nomine provision.  Photograph frames in chief value of base
            metal are provided for in item 652.70, TSUS, as photograph,
            picture, and similar frames of base metal.  Photograph albums
            are provided for under item 256.60, TSUS, as photograph albums.















                                         - 3 -

                 The item at issue is both a photograph album and a frame,
            neither of which stand out as being the prime function.
            Although the two functions are related, neither is subordinate
            to the other and they operate as coequal functions.  As neither
            function predominates the item cannot be classified under
            either item 652.70 or 256.60, TSUS, because neither provision
            describes the complete article.  In this case the item should
            be classified by the component material of chief value.  The
            importer claims the component of chief value is wood.

            HOLDING:

                 If the photo frame/album is in chief value of wood it is
            classifiable under item 206.98, as "Household utensils and
            parts thereof, all the foregoing not specially provided for, of
            wood: other: other."  If it is in chief value of brass then it
            is classifiable under item 657.35, TSUS, as articles of copper,
            not coated or plated with precious metal.

                 The Harmonized Tariff Schedule of the United States
            Annotated (HTSUSA) is scheduled to replace the TSUS on January
            1, 1989.  The merchandise at issue is considered to be
            composite goods under GRI 3 of the HTSUSA.  Both the metal and
            wood components of this item play a significant role in
            providing the essential character of the item.  Because both
            components equally provide the essential character of the
            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.
            Therefore, the HTSUSA provision applicable to the above
            described merchandise is subheading 8306.30, which provides for
            photograph, picture or similar frames, of base metal.  If there
            are changes before this act becomes effective this advice may
            not continue to be applicable.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division













            6cc:  Area Director, New York Seaport
            SRosenow:jaj:11/1/88