HQ 951011: Plate Hanger; 8306.30.00

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 951011
                        January 30, 1992


CLA-2 CO:R:C:M 951011 DWS

CATEGORY: Classification

TARIFF NO.: 7323.99.90

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C.
Sixty-Seven Broad Street
New York, NY 10004

RE: Plate Hanger; 8306.30.00

Dear Ms. Cumins:

     This is in response to your letter of December 23, 1991,
concerning the classification of plate hangers under the
Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

     The subject plate hanger is made of metal and is brass
plated.  It measures approximately 6 3/4 inches in diameter and
is fitted with five spring hooks in which a decorative plate is
held.  The hanger features a metal ring at the top so that a
decorative plate can be hung on a wall.  Also included with the
hanger are two nails and a j-hook for the purposes of hanging a
decorative plate.

ISSUE:

     What is the proper classification of the subject plate
hanger under the HTSUS?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification is determined
according to the terms of the headings and any relative section
or chapter notes.

     You claim that the subject merchandise is similar to a
photograph or picture frame and, therefore, is classifiable under
subheading 8306.30.00, HTSUS, which provides for: "[p]hotograph,
picture or similar frames."  The general, column one rate of duty
for that provision is 5.3 percent ad valorem.

     In part, Webster's Third New International Dictionary,
Merriam-Webster Inc., Springfield, MA, 1986, defines the term
"frame" as:

     6a: an enclosing usu. rectangular and esp. ornamental
     border or a physical limitation suggesting such a border.

     It is our position that the plate hanger is not a frame.
Rather than providing an ornamental, enclosing border, the plate
hanger is specifically designed to be as inconspicuous as
possible.  Also, the plate hanger is not marketed as a frame, but
as a hanger.

     We find that, because in most cases the merchandise will be
used in a household, it is classifiable under subheading
7323.99.90, HTSUS, which provides for: "[t]able, kitchen or other
household articles and parts thereof, of iron or steel: [o]ther:
[o]ther: [o]ther: [o]ther."

HOLDING:

     The subject plate hanger is classifiable under subheading
7323.99.90, HTSUS.  The general, column one rate of duty is 3.4
percent ad valorem.

                           Sincerely,



                           John Durant, Director
                           Commercial Rulings Division