HQ 080992: Classification of a photograph album with a photograph frame cover

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 080992

                                    March 28 1989


          CLA-2:CO:R:C:G  080992 SR

          CATEGORY: Classification

          TARIFF NO.:  8306.30

          Ms. Beth C. Ring
          Sandler & Travis, P.A.
          Attorneys At Law
          Park Avenue
          New York, New York 10022

          RE:  Classification of a photograph album
               with a photograph frame cover

          Dear Ms. Ring:

               This is in reference to your letter dated September 15,
          1987, requesting the tariff classification of a photograph
          album/brass picture frame under the Tariff Schedules of the
          United States (TSUS).  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 photograph album with a
          picture frame serving as a cover.  The 5"x7" brass or silver-
          plated photo frame is mounted on a velour-covered piece of wood
          which has a removable panel where the picture to be framed can be
          placed behind the glass.  The photo album consists of 2 pieces of
          velour-covered wood bound together in the middle holding 10
          sheets of plastic with plastic windows.  Each piece of plastic is
          folded in half, each with space for 4 photos.  The unit does not
          have a frame stand and therefore must lie flat like a book.  The
          components of the photo frame/album include brass or silver,
          wood, glass, 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, classification is 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.

               Similar 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
          SRosenow:11/1/88