CLA-2 CO:R:C:G 086639 WAW
Ms. Donna Albert
Mast Industries, Inc.
P.O. Box 2020
100 Old River Road
Andover, MA 01810
RE: Textile covered picture frame
Dear Ms. Albert:
This ruling is in response to your letter, dated February 8,
1990, concerning the tariff classification of a textile covered
picture frame under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA). A sample of the merchandise was
submitted along with your request.
FACTS:
The sample article is a rectangular shaped picture frame
measuring approximately 5 inches wide by 6-1/2 inches tall. The
frame is composed of a cardboard base covered with a textile
fabric. The textile material is pink in color. A polyvinyl
chloride sponge material is inserted between the textile and the
cardboard on the front portion of the frame. The sample article
will be imported from Hong Kong.
ISSUE:
Whether the article is classifiable under subheading
4823.90.6500, HTSUSA, as other articles of coated paperboard or
under subheading 6307.90.9050, HTSUSA, as other made up textile
articles.
LAW AND ANALYSIS:
Classification under the HTSUSA is made in accordance with
the General Rules of Interpretation (GRI's) 1 through 5. The
systematic detail of the harmonized system is such that virtually
all goods are classified by application of GRI 1, that is,
according to the terms of the headings of the tariff schedule and
any relevant Section or Chapter Notes. Then, if GRI 1 fails to
classify the goods, and if the headings and legal notes do not
otherwise require, the remaining GRI's may be applied, taken in
order.
In the instant case, we find no headings within the
nomenclature whose terms would specifically include frames such
as these. In addition, the frames are not covered by any Legal
Notes, at either the Section or Chapter level. GRI 1 is,
therefore, inconclusive, and the remaining GRI's, taken in order,
are used.
Included with your letter were the value breakdowns of the
component materials used in constructing the frame. We have
eliminated from consideration those headings which classify goods
made up of the foam and other minor components, since they
constitute a relatively insignificant portion of the frame. The
two remaining components, the paperboard and textile, form an
inseparable whole, and the item is, therefore, composite goods.
Composite goods are classified by reference to GRI's 2 and
3. Under GRI 2, any reference to a material or an article made
of a material includes goods made wholly or in part of that
material. GRI 2(b), HTSUSA, provides in pertinent part that
"[t]he classification of goods consisting of more than one
material or substance shall be according to the principles of GRI
3."
GRI 3, HTSUSA, provides in pertinent part:
When, by application of Rule 2(b) or for any other
reason, goods are, prima facie, classifiable under two
or more headings, classification shall be effected as
follows:
(a) The heading which provides the most
specific description shall be preferred to
headings providing a more general
description. However, when two or more
headings each refer to part only of the
materials or substances contained in mixed or
composite goods or to part only of the items
in a set put up for retail sale, those
headings are to be regarded as equally
specific in relation to those goods, even if
one of them gives a more complete or precise
description of the goods.
Since the paperboard material and the textile fall under
separate headings in the tariff schedule which describe only a
portion of the materials in the entire picture frame, the
headings are to be regarded as equally specific under GRI 3(a).
Therefore, GRI 3(a) fails in establishing classification, and GRI
3(b) becomes applicable.
GRI 3(b) states in pertinent part:
(b) Mixtures, composite goods consisting of different
materials or made up of different components, and goods
put up in sets for retail sale, which cannot be
classified by reference to 3(a), shall be classified as
if they consisted of the material or component which
gives them their essential character, insofar as this
criterion is applicable.
Two headings suggest themselves for classification purposes;
each referring to one of the principal components. The first is
Heading 4823, HTSUSA, which provides for other articles of paper
or paperboard, and the second is Heading 6307, HTSUSA, which
provides for other made up articles of textiles. Classification
under GRI 3(b) depends on which material gives the product its
essential character. In this case, however, we are of the
opinion that no single component imparts the essential character
to the sample frame. None of the factors, either as a group or
individually, substantiates a finding of essential character of
paperboard or of textiles. Although paperboard is predominant by
weight and by bulk, it is the textile portion which distinguishes
this article from ordinary picture frames. Furthermore, the
textile portion greatly enhances the marketability of the
article; however, it is the cardboard frame which provides
support and rigidity to the frame.
When, as in the instant case, the component which gives the
goods at issue their essential character cannot be determined,
classification is ascertained by utilizing GRI 3(c). GRI 3(c)
provides:
(c) When goods cannot be classified by reference to
3(a) or 3(b), they shall be classified under the
heading which occurs last in numerical order among
those which equally merit consideration.
In this case, the heading which occurs last in numerical
order is 6307, HTSUSA. Accordingly, the textile covered picture
frame is properly classifiable under subheading 6307.90.9050,
HTSUSA, which provides for Other made up articles: Other: Other:
Other.
HOLDING:
Based on the foregoing analysis, the sample textile covered
picture frame is classifiable under subheading 6307.90.9050,
HTSUSA. Articles classified under this subheading are subject to
a general tariff rate of 7 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division